Gross v. Partenheimer
Supreme Court of Pennsylvania
Appeal, No. 63, Jan. T., 1894, by defendant, R. Partenheimer, from order of C. P. No. 3, Phila. Co., June T., 1893, No. 944, making absolute rule for judgment for want of sufficient affidavit of defence in favor of plaintiff, Charles H. Gross. Assumpsit for interest paid to prevent foreclosure of mortgage. The facts appear by the opinion of the Supreme Court. Error assigned was making absolute rule for judgment.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In April, 1893, the parties to this suit entered into a written contract whereby defendant agreed to sell plaintiff a lot for eight thousand dollars, payable five thousand dollars in cash on delivery of deed, and the residue by plaintiff’s assumption and payment of the mortgage for three thousand dollars then on the lot; “ said Gross to pay also the accruing interest on said mortgage not exceeding six months, and also taxes on said lot for 1893. Title to said lot to be good and marketable and free from incumbrances except said $3,000 mortgage. Deed to pass…
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