McCall v. Davis
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. Ill, to October and November Term 1867. J. G. Davis, the defendant in error, on the 19th of September 1866, entered judgment for $224 against John S. McCall, the plaintiff in error, on a note with warrant of attorney.
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Error to the District Court of Allegheny county: No. Ill, to October and November Term 1867. J. G. Davis, the defendant in error, on the 19th of September 1866, entered judgment for $224 against John S. McCall, the plaintiff in error, on a note with warrant of attorney. On the 1st of October 1866 McCall filed an affidavit stating that the note was given for part of the purchase-money of certain lots, which had been sold to him at public vendue according to a plot representing that there were streets which did not exist. At the application of McCall on this affidavit the court opened the…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
This case seems to have been submitted to the jury upon erroneous principles. Davis laid out a plan of lots called “ Orchard addition to East Liberty,” and sold them at auction. His map was lithographed and was exhibited to the bidders by the auctioneer, and the sales made thereon, McCall becoming the purchaser of lots 12 and 13 ; described in his deed as “ all those town lots in the Orchard addition to East Liberty, Allegheny county, Pa., known as lots 12 and 13 on the plot of said Orchard addition.” These two lots fronted…
2Cases cited3 opinions
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- Borough of Erie v. VincentSupreme Court of Pennsylvania · 1839
3Cited by14 opinions
- Quicksall v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Baederwood, Inc. v. MoyerSupreme Court of Pennsylvania · 1952
- Appeal of FergusonSupreme Court of Pennsylvania · 1888
- Merritz v. CircelliSupreme Court of Pennsylvania · 1949
- Higgins v. Borough of SharonSuperior Court of Pennsylvania · 1897
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