Nettleton v. Caryl
Superior Court of Pennsylvania
Appeal, No. 46, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., May Ti, 1897, No. 861, on verdict for plaintiff in case of F. E. Nettle-ton v. J. D. Caryl. Assumpsit to recover a balance alleged to be due on articles of agreement for the sale of land. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for 11,827.51. Defendant appealed. Error assigned among others was in-submitting the case to the jury.
1Opinion of the Court
Opinion by
Orlady, J.,
On January 29, 1891, the plaintiff executed an article of agreement, under seal for the sale of a lot of ground which the defendant did not sign until May 22. The consideration expressed in the writing is “ the sum of thirty dive hundred dollars *252($3,500) to be paid as follows: five hundred dollars cash upon delivery hereof, and balance in six equal annual payments of five hundred dollars each from the date hereof.” The principals never met and the sale was effected through a real estate .broker, who prepared the written contract and sent it to the plaintiff for execution,…
2Cases cited8 opinions
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Rowand v. FinneySupreme Court of Pennsylvania · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lenz v. SpencerSuperior Court of Pennsylvania · 1905