Lamb v. Greenhouse
Superior Court of Pennsylvania
Appeal, No. 153, Oct. T„ 1914, by plaintiff, from order of C. P. No. 4, Phila. Co., March T., 1913, No. 4,467, dismissing motion in arrest of judgment in case of Thyele M. Lamb, trading as Lamb & Company, v. Martin E. Greenhouse. Assumpsit to recover the purchase price under articles of agreement for the sale of real estate.
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Appeal, No. 153, Oct. T„ 1914, by plaintiff, from order of C. P. No. 4, Phila. Co., March T., 1913, No. 4,467, dismissing motion in arrest of judgment in case of Thyele M. Lamb, trading as Lamb & Company, v. Martin E. Greenhouse. Assumpsit to recover the purchase price under articles of agreement for the sale of real estate. The defendant’s affidavit of defense denied liability upon the ground that the plaintiff’s title was defective by reason of the widening of Arch street under ordinance of city councils of 1886, whereby Arch street was widened and three feet of the southernmost part of the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit. Pursuant to notice *332by plaintiff, defendant filed a plea and affidavit of defense in which he set up a counterclaim. A year later plaintiff’s attorney entered a discontinuance in the prothonotary’s office and paid the costs. The trial of the case, which took place soon thereafter, resulted in a verdict for defendant with certificate in his favor for the amount of his counterclaim. Whether or not plaintiff and his counsel, or either of them, were present in court is not shown by the record, but the official report of the trial shows that no…
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