Hannock v. Tope

Citations

• 77 Pa. Super. 101
• 1921 Pa. Super. LEXIS 216

Syllabus

<p>Contracts — Beal estate — Sale o.f real estate — Agreement of sale —Failure to complete — Befund of money paid on account — Affidavit of defense.</p> <p>In an action of assumpsit, to recover part of 'money paid on account of purchase of real estate, it appeared that the vendee had paid $50 at the time of the signing of the agreement, and later, on account, an additional sum of $250. The agreement of sale provided that should the party of the first part (vendor) fail to give title, he should return to the party of the second part (vendee) the amount paid by her, on account of the said purchase, and that in case settlement was not made by the purchaser within the time specified, the agreement should become null and void, and that the sum of $50, paid on account of the signing of the agreement, should be retained by the Seller and become his absolute property as liquidated damages, and that all copies of the agreement should he delivered to a specified person for cancellation.</p> <p>In such case, the court did not err in refusing to enter judgment in favor of the defendant, on the ground that the statement of claim did not set forth a good cause of action.</p> <p>Practice, C. P. — Affidavit of defense in nature of demurrer — Allowance of supplemental affidavit of defense — Act of May lk, 1916, P. L. k8S (Practice Act).</p> <p>Where an affidavit of defense makes no denial of the facts eon- ' tained in the statement, hut simply raises questions of law, the court cannot, on finding the questions of law in favor of the plaintiff, enter a summary judgment in his favor, but must give the defendant an opportunity to file a supplemental affidavit of defense to the averments of fact in the statement, within fifteen days, in accordance with section 20 of the Act of May 15, 1915, P. L. 483 (Practice Act).</p>