Patterson v. Colmer
Supreme Court of Pennsylvania
Error to Common Pleas No. 2 Allegheny County to review a judgment entered for want of a sufficient affidavit of defense in an action of assumpsit. Colmer, being sued May 25, 1885, upon a bond accompanying a mortgage, gave notice to Patterson, who had purchased the premises subject to the mortgage, to appear and defend. Judgment was taken by default against Colmer June 15, and fi. fa. issued October 30, 1885, and levy made.
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Error to Common Pleas No. 2 Allegheny County to review a judgment entered for want of a sufficient affidavit of defense in an action of assumpsit. Colmer, being sued May 25, 1885, upon a bond accompanying a mortgage, gave notice to Patterson, who had purchased the premises subject to the mortgage, to appear and defend. Judgment was taken by default against Colmer June 15, and fi. fa. issued October 30, 1885, and levy made. Colmer paid the judgment October 31, 1885, and brought this suit the same day, alleging, in his statement of claim, an oral' contract to pay the mortgage debt, and that the…
1Opinion of the Court
Opinion by
Mr. Justice Trunkey:
This action is to recover money alleged to be due and owing on an alleged oral contract. The plaintiff avers in his affidavit of claim, that on November 17, 1868, he sold and conveyed a lot of land to the defendant, subject to the payment of a debt to William Bakewell, secured by bond and mortgage, “in consideration of which sale and conveyance, and as part of the purohase money therefor, said defendant agreed to and with said plaintiff to pay the debt aforesaid, amounting to the sum of $218, with interest from February 22, 1868, and deducted that Amount from the…
2Cited by1 opinion
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