Howard v. Stillwagon
Supreme Court of Pennsylvania
Appeal, No. 150, Jan. T., 1910, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1908, No. 238, for defendant n. o. v. in case of Leslie A. Howard v. Anna M. Stillwagon et al. Assumpsit for purchase money paid under a rescinded contract of sale.' Before Umbel, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 150, Jan. T., 1910, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1908, No. 238, for defendant n. o. v. in case of Leslie A. Howard v. Anna M. Stillwagon et al. Assumpsit for purchase money paid under a rescinded contract of sale.' Before Umbel, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for the plaintiff for $3,078.60. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante verdicto. — The entering of judgment…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
There is no fact in dispute in this case. By an agreement in writing, dated April 18, 1904, the appellees agreed to sell to the appellant and he agreed' to buy from them a lot of ground in the borough of Connellsville for $5,800. The property was encumbered by a mortgage for $2,100, which he agreed to assume, and the balance of the purchase money was to be paid as follows: $600 cash upon the signing of the agreement, $400 within two weeks, $1,350 in three months and $1,350 in six months, the deferred payments bearing interest. The contract provided that, “on…
2Cases cited5 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Seanor & Bierer v. McLaughlinSupreme Court of Pennsylvania · 1895
- Campbell etc. Co. v. HickokSupreme Court of Pennsylvania · 1891
- Jones v. ScottSupreme Court of Pennsylvania · 1904
- Scott v. HoughSupreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Malmberg v. BaughUtah Supreme Court · 1923
- Artzerounian v. DemetriadesSupreme Court of Pennsylvania · 1923
- Smyth v. ResnickSuperior Court of Pennsylvania · 1923
- Zierdt v. Kiel or KealSuperior Court of Pennsylvania · 1930
- Bonner v. Brown, Pennsylvania Court of Common Pleas, Philadelphia County1924
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