Welsh v. Dick
Supreme Court of Pennsylvania
Appeal No. 226, Jan. T., 1911, by defendant from judgment of C. P. No. 5, Pbila. Co., Sept. T., 1907, No. 2634, on verdict for plaintiffs in case of William L. Welsh and Virginia C. Welsh, to the use of Virginia C. Welsh, trustee under the will of Elvina L. Cartwright, deceased, v. John Dick. Assumpsit to recover purchase price of real estate. Before Staake, J. The opinion of the Supreme Court states the facts of the case.
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Appeal No. 226, Jan. T., 1911, by defendant from judgment of C. P. No. 5, Pbila. Co., Sept. T., 1907, No. 2634, on verdict for plaintiffs in case of William L. Welsh and Virginia C. Welsh, to the use of Virginia C. Welsh, trustee under the will of Elvina L. Cartwright, deceased, v. John Dick. Assumpsit to recover purchase price of real estate. Before Staake, J. The opinion of the Supreme Court states the facts of the case. At the trial when Lewis Lawrence Smith, Esq., was on the stand the following question was asked him: “By Mr. Jones: Q. Do you know what was done by Mr. Dick with that…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The contract upon which this action was brought was entered into in writing May 11, 1906. By its terms the appellant agreed to purchase from the appellees a tract of land in Delaware county and to pay them for it $79,-000. The clause in the agreement upon which he relies for relief from the judgment recovered against him in the court below is as follows: “The taxes and rents to be apportioned to the date of settlement, which is to be within three months from this date, and time, it is hereby agreed, shall be of the essence of this contract.” By a supplemental…
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