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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 258)

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 258)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918. Excerpt: ... Opinion of the Court. 258 Pa. the contract if the work was to be done outside the city. Such discrimination prevents general competitive bidding which is contrary both to the spirit and the letter of all legislation regulating the letting of municipal contracts. It follows, for the reason stated, that the learned court below was in error in refusing the preliminary injunction restraining the defendants from executing a contract on the basis of the bids submitted on March 27,1917. The decree is reversed, a preliminary injunction is awarded, and the record is remanded for further proceedings not inconsistent with this opinion. Korman et al. v. Trainer et al., Appellants. Contracts--Real estate--Agreement of sale--Vendor and vendee--Purchase-price--Default by vendee--Affidavit of defense--Insufficient averments. 1. Where an agreement for the sale of real estate does not provide hy clear, precise and unequivocal language that the purchaser may terminate it by his own default, such effect will not be given it. 2. A written contract for the sale of land provided that the consideration money of $3,000 was "to be paid $200 on the signing of the agreement, which deposit shall be forfeited to the (vendors) as liquidated damages in case of default by the (vendees) in the payment of the purchase-price" and the balance at the time of settlement within thirty days, said time to be of the essence of the agreement. The purchaser paid the down-money, but refused to complete the purchase, though a proper deed was tendered. In an action by the grantor for the recovery of the balance of the purchase-price, the affidavit of defense alleged (1) that plaintiff had no other remedy than the retention of the deposit money and (2) that time being of the essence of the contract, the...


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Product Details
  • ISBN-13: 9781235679612
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 258
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235679616
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 467 gr


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