Katz v. Johnston

Supreme Court of Pennsylvania November 9, 1896

Katz v. Johnston, 178 Pa. 346 (Pa. 1896)

35 A. 981; 1896 Pa. LEXIS 1176

Ctjriam, Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Ctjriam,

We find no error in the proceedings leading up to the decree from which this appeal was taken, nor in the decree itself. The findings of fact were amply warranted by the pleadings and proofs; and the conclusions drawn from the facts thus established appear to be substantially correct. On these findings and legal conclusions of the court below, the decree is affirmed and appeal dismissed with costs, to be paid by appellant.

Reference

Full Case Name: Mrs. Fannie Katz v. James W. Johnston
Cited By: 2 cases
Status: Published
Syllabus: Contract — Fraud,—Equity. Plaintiff and defendant entered into an agreement in writing to buy land and divide it into building lots for sale at a profit. Plaintiff was to furnish all of the hand money for the purchase, as well as the money to make the deferred payments and was to be repaid out of the first sales, and after such repayment she was to receive two thirds of the profits. Defendant negotiated the purchase of the property, and by a secret arrangement with the vendors received $500 out of the purchase money. Only a very small amount was realized from the sale of the lots, and plaintiff was obliged to pay the whole amount of the purchase money. In the meantime judgments had been entered against the defendant which he claimed were paid. On a bill in equity filed by the plaintiff against the defendant the court decreed that the defendant should repay to the plaintiff the $500 which he had fraudulently obtained from the vendors, and that he should pay to her one half of the purchase money, or in lieu of such payments should execute to her a quitclaim deed of his interest in the land, and have the judgments against him satisfied of record. Held, that the decree was proper, and should be affirmed.