Riddle v. Foster
Supreme Court of Pennsylvania
Error to the Common Pleas of Crawford county. This was a judgment entered in the court below in favour of Mary M. Foster against Horace R. Riddle and S. H. Riddle, on a bond and warrant of attorney, in $10,000, conditioned for the payment of $5500, in six annual instalments, from the 6th May 1853. On the 5th March 1853, Mary M. Foster, the plaintiff, contracted to sell to Sarah H. Riddle, the wife of Horace R. Riddle, a tract of land in Hayfield township, and gave the…
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Error to the Common Pleas of Crawford county. This was a judgment entered in the court below in favour of Mary M. Foster against Horace R. Riddle and S. H. Riddle, on a bond and warrant of attorney, in $10,000, conditioned for the payment of $5500, in six annual instalments, from the 6th May 1853. On the 5th March 1853, Mary M. Foster, the plaintiff, contracted to sell to Sarah H. Riddle, the wife of Horace R. Riddle, a tract of land in Hayfield township, and gave the following receipt for a part of the purchase-money. “ Received, March 5, of D. A. Finney, attorney for Andrew Kennedy, trustee…
1Opinion of the Court
*166The opinion of the court was delivered by
Woodward, J. —
This is an attempt to defalk from the purchase-money agreed to be paid for a tract of land, on the ground that the quantity falls short of what is mentioned in the deed.
In the receipt of March 5th 1853, which Mrs. Foster gave for the hand-money, she describes the land as the tract on which she then resided, situate in Hayfield township, “ being the property deeded to me by my late husband, and containing, as by the annexed plot, 385 acres and 16 perches, with an allowance of six per cent., less 85 acres exact measure sold by me last fall…
2Cases cited3 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Cronister v. CronisterSupreme Court of Pennsylvania · 1841
- Dickinson v. VoorheesSupreme Court of Pennsylvania · 1844
3Cited by2 opinions
- Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
- In re Estate of WarnerSuperior Court of Pennsylvania · 1982