Legal Opinion

McCloskey v. Timmons

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 82PublishedCited by 2 opinions

Appeal, No. 82, Oct. T., 1919, by plaintiff, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1915, No. 3277, in favor of defendant in suit tried by the court without a jury in the case of Alfred C. McCloskey, administrator c. t. a. of the estate of Mary J. McCloskey, deceased, v. Edward P. Timmons. Assumpsit for purchase price of real estate. Before Monaghan, J., without a jury. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 82, Oct. T., 1919, by plaintiff, from judgment of O. P. No. 5, Phila. Co., Sept. T., 1915, No. 3277, in favor of defendant in suit tried by the court without a jury in the case of Alfred C. McCloskey, administrator c. t. a. of the estate of Mary J. McCloskey, deceased, v. Edward P. Timmons. Assumpsit for purchase price of real estate. Before Monaghan, J., without a jury. The facts are stated in the opinion of the Superior Court. The court entered judgment for defendant for $228.50. Plaintiff appealed. Errors assigned were various findings of fact and conclusions of law and the…

1Opinion of the Court

Opinion by

Portee, J.,

The appellant brought this action to recover the unpaid balance of purchase money alleged to be due upon a contract for the sale of certain real estate, averring that he, as administrator c. t. a. of Mary Jane McCloskey, deceased, had entered into a contract for the sale of said real estate to the defendant and that the latter, after having paid part of the purchase money, had refused to pay the balance and declined to complete the contract. The defendant, in his answer, averred that the written contract provided that the title to the land to be conveyed was to be “good…

2Cases cited14 opinions

  1. Way v. HootonSupreme Court of Pennsylvania · 1893
  2. Clark v. TrindleSupreme Court of Pennsylvania · 1866
  3. Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
  4. Estate of ReighardSupreme Court of Pennsylvania · 1899
  5. Gray v. HowellSupreme Court of Pennsylvania · 1903

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3Cited by2 opinions

  1. Ritter v. HillSupreme Court of Pennsylvania · 1924
  2. Klee and Lustig v. SilverSuperior Court of Pennsylvania · 1926

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