Henry v. Black
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1904, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 585, dismissing bill in equity in case of D. F. Henry, and Annie E. Henry, his wife, in right of Annie E. Henry v. Sarah Black, The Union Realty Company, Robert J. Coyle, Jr., and Andrew W. Mellon. Bill in equity for specific performance. Before Shafer, J. Demurrer to bill. The material averments of the bill are set forth in the opinion of the Supreme Court.
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Appeal, No. 115, Oct. T., 1904, by plaintiff, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 585, dismissing bill in equity in case of D. F. Henry, and Annie E. Henry, his wife, in right of Annie E. Henry v. Sarah Black, The Union Realty Company, Robert J. Coyle, Jr., and Andrew W. Mellon. Bill in equity for specific performance. Before Shafer, J. Demurrer to bill. The material averments of the bill are set forth in the opinion of the Supreme Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Me. Justice Dean,
This is a bill to compel the specific enforcement of a contract for the sale of land. The bill of complainants is met by a demurrer in which defendants aver: (1) That the bill does not set out sufficient facts to make it cognizable in a court of equity. (2) That it does not set out sufficient facts to entitle plaintiffs to the relief prayed for. (3) The bill does not set out any contract in writing, nor any contract enforceable specifically in a court of equity.
The bill should be a simple statement of the essential facts of the case: Winebrenner v. Colder, 43 Pa.…
2Cases cited2 opinions
- Wilson v. ClarkeSupreme Court of Pennsylvania · 1841
- Winebrenner v. ColderSupreme Court of Pennsylvania · 1862
3Cited by24 opinions
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- Shaw v. CornmanSupreme Court of Pennsylvania · 1921
- Title Guaranty & Surety Co. v. LippincottSupreme Court of Pennsylvania · 1916
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