Hartman v. Pemberton
Superior Court of Pennsylvania
Appeal, No. 19, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Philadelphia County, Sept. T., 1900, No. 822, discharging rule for judgment for want of a sufficient affidavit of defense in case of Wencel Hartman to use of Helen M. Allen, Administratrix d. b. n. c. t. a. of John B. Johann, Deceased, v. Clifford Pemberton, Jr. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 19, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Philadelphia County, Sept. T., 1900, No. 822, discharging rule for judgment for want of a sufficient affidavit of defense in case of Wencel Hartman to use of Helen M. Allen, Administratrix d. b. n. c. t. a. of John B. Johann, Deceased, v. Clifford Pemberton, Jr. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the suit was brought to recover the sum of $850 being the difference beween the bid of the defendant at the sheriff’s sale and a smaller bid at a subsequent sale. The…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant does not deny that he was the purchaser at the sheriff’s sale ; that he declined to complete the sale by the payment of the balance of his bid, and that there was a resale at a reduced price. The sale was made under the following terms : “ Fifty dollars of the price or sum at which the property shall be struck off shall be paid to the sheriff at the time of sale unless the purchase money shall be less than that sum, in which case only the purchase money shall be paid. Otherwise the property will again be immediately put up and sold. The balance of the…
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