Wilson v. Bryn Mawr Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1909, by plaintiff, from order of C. P. Montgomery Co., March T., 1908, No. 25, entering judgment for part of plaintiff’s claim on rule for judgment for want of a sufficient affidavit of defense in case of George B. Wilson v. Bryn Mawr Trust Company. Rule for judgment for want of a sufficient affidavit of-defense. The facts relating to this appeal were thus stated by Swartz, P. J., who heard the case in the court below.
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Appeal, No. 14, Jan. T., 1909, by plaintiff, from order of C. P. Montgomery Co., March T., 1908, No. 25, entering judgment for part of plaintiff’s claim on rule for judgment for want of a sufficient affidavit of defense in case of George B. Wilson v. Bryn Mawr Trust Company. Rule for judgment for want of a sufficient affidavit of-defense. The facts relating to this appeal were thus stated by Swartz, P. J., who heard the case in the court below. The damages claimed are as follows: Purchase money paid, less $87.50.......... $11,186.35 Interest on same from April 18th, 1907. Examination of title…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
We have here the appeal of the plaintiff, from the same judgment as that from' which we have just considered the appeal of the defendant, the Bryn Mawr Trust Company. Upon the motion of the plaintiff, judgment for want of a sufficient affidavit of defense was entered for the sum of $11,240.99, the amount of the purchase money paid by the plaintiff and his conveyancing expenses, with leave to proceed to trial before a jury for the balance of the claim.
This would involve the determination of questions of fact, and the rule for judgment seems to us to have been…
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