Legal Opinion

Young v. Pennsylvania, Monongahela & Southern Railroad

Superior Court of Pennsylvania

Decided October 9, 1911No. Appeal, No. 90PublishedCited by 4 opinions

Appeal, No. 90, April T., 1911, by defendant, from judgment of C. P. Washington Co., Feb. T., 1909, No. 127, on verdict for plaintiffs in case of Emma Young and Oscar Hartley, guardian of Harry B. Young, v. The Pennsylvania, Monongahela & Southern Railroad Company. Ejectment for land in the borough of Millsboro. Before McIlvaine and Taylor, JJ., without a jury. The facts are Stated in the opinion of the Superior Court.

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Appeal, No. 90, April T., 1911, by defendant, from judgment of C. P. Washington Co., Feb. T., 1909, No. 127, on verdict for plaintiffs in case of Emma Young and Oscar Hartley, guardian of Harry B. Young, v. The Pennsylvania, Monongahela & Southern Railroad Company. Ejectment for land in the borough of Millsboro. Before McIlvaine and Taylor, JJ., without a jury. The facts are Stated in the opinion of the Superior Court. Error assigned was in entering the following judgment: That the plaintiffs are entitled to judgment against the defendant company for the land in dispute, to be released,…

1Opinion of the Court

Opinion by

Portee, J.,

The plaintiffs entered into a written executory agreement for the sale of a lot of land to the defendant company; the contract provided that the deed, subsequently to be made, should convey a title in fee simple. This written contract was duly approved and confirmed by the court having jurisdiction of the estate of Harry B. Young of whom Oscar Hartley was guardian. The contract provided for the payment of only $1.00 of the purchase money upon execution of the agreement, which amount was paid by the defendant company, and the balance of $949 was not paid, nor has it been…

2Cases cited4 opinions

  1. Smith v. WebsterSupreme Court of Pennsylvania · 1834
  2. Congregation v. MilesSupreme Court of Pennsylvania · 1835
  3. Daubert v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
  4. Stokely v. TroutSupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. Calhoun v. HaysSuperior Court of Pennsylvania · 1944
  2. Burnett v. Mueller, Pennsylvania Court of Common Pleas, Mercer County1969
  3. Kittleberger & Evans v. Home Builders Co.Superior Court of Pennsylvania · 1932
  4. Endsley v. Laurel Run Fuel Co., Pennsylvania Court of Common Pleas, Fayette County1922

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