Patterson v. Arthurs
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. William Arthurs against John Patterson. Covenant. By the agreement upon which this action was founded, the plaintiff covenanted to convey to the defendant two lots of ground, Nos. 14 and 15, of Irwin’s Plan of Lots, in Pitt township, now part of the city of Pittsburgh, in fee simple, clear of incumbrances, in consideration of 1000 dollars, payable in instalments.
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ERROR to the district court of Allegheny county. William Arthurs against John Patterson. Covenant. By the agreement upon which this action was founded, the plaintiff covenanted to convey to the defendant two lots of ground, Nos. 14 and 15, of Irwin’s Plan of Lots, in Pitt township, now part of the city of Pittsburgh, in fee simple, clear of incumbrances, in consideration of 1000 dollars, payable in instalments. By the plan referred to the lots were described as being 25 feet each in width and 109 feet in depth. The hand-money had been paid, and this action was brought for the first…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
This is an action of covenant, and was brought in the court below by the defendant in error against-the plaintiff, to recover part of the purchase-money of two lots of ground, situate in Pitt township, and marked Nos. 14 and 15, in the plan of lots laid out by the heirs of John and Henry Irwin, which, by articles.of agreement made between the parties, and executed b.y them under their respective hands and seals, the defendant in error agreed to sell to the plaintiff; in consideration whereof the latter covenanted to pay the former the price…
2Cases cited1 opinion
- Kellogg v. IngersollMassachusetts Supreme Judicial Court · 1806
3Cited by27 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- VanNess v. Royal Phosphate Co.Supreme Court of Florida · 1910
- Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
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