Ott v. Oyer's
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of July Term, 1883, No. 147. Assumpsit, by Sarah Oyer, executrix of John J. Oyer, deceased, against William Ott, upon a promissory note given by the defendant to John J. Oyer.
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Error to the Court of Common Pleas of Northampton county: Of July Term, 1883, No. 147. Assumpsit, by Sarah Oyer, executrix of John J. Oyer, deceased, against William Ott, upon a promissory note given by the defendant to John J. Oyer. The defendant pleaded non-assumpsit, payment with leave, &c.; under which pleas he set up a counter claim, and also defended on the ground that the note was given under the following circumstances: John J. Oyer and William Ott together bought a certain farm, which they held as tenants in common, paying therefor $4,000 in cash, and securing the balance of $3,650…
1Opinion of the CourtJustice Teukkey
This action is upon a note dated April 1, 1873, for $1,800. On January 11, 1878, the parties to the note made a contract with Boyer and executed a deed to him, giving Boyer until March 15th, the right to purchase a tract of land, and upon paying the money on or before that date the deed to be delivered to him by Pearson — he refused to pay. In the contract was an agreement between Oyer and Ott that said note should be deposited with Pearson, and upon consummation of the sale of the land the note to be given to Ott for $300, but should Boyer refuse to take the land the note to be returned to…
2Cited by19 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
- Cain v. KohlmanSupreme Court of Pennsylvania · 1941
- Honesdale Glass Co. v. StormsSupreme Court of Pennsylvania · 1889
- Zimmerman v. ZimmermanSupreme Court of Pennsylvania · 1889
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