Lightcap v. Nicola
Supreme Court of Pennsylvania
Appeal, No. 93, April T., 1907, by-plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1903, No. 243, for defendant non obstante veredicto in ease of Gilson Lighteap, Executor of William Walker, deceased, etal. v. Frank F. Nicola. Assumpsit to recover the balance of purchase money due under a contract for the sale of land. Before Evans, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 93, April T., 1907, by-plaintiff, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1903, No. 243, for defendant non obstante veredicto in ease of Gilson Lighteap, Executor of William Walker, deceased, etal. v. Frank F. Nicola. Assumpsit to recover the balance of purchase money due under a contract for the sale of land. Before Evans, J. The facts appear by the opinion of the Superior Court. Verdict for plaintiff for $36,150.50. Subsequently on motion for judgment non obstante veredicto the court entered judgment for defendant for $1,240, the hand money paid by the defendant at…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit upon a contract entered into in the latter part of January, 1902, between Samuel Gilson Lightcap, executor, acting under a power contained in the will of William Walker, deceased, and Frank Nicola, for the sale to the latter of a tract of land known as the Walker farm. The price stipulated in the contract was $31,000, of which $1,000 were paid when the contract was executed by Nicola and the balance was to be paid not later than June 1, 1902, at which time the deed was to be delivered. The defense set up was that the vendor, without the…
2Cases cited22 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
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