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191 Pa. 163

Robins v. Mayer

Supreme Court of Pennsylvania

Decided April 24, 1899

Supreme Court of Pennsylvania · decided 1899-04-24

Appeal, No. 40, Jan. T., 1899, by plaintiffs, from judgment of O. P. No. 8, Phila. Co., Dec. T., 1895, No. 600, on verdict for defendants. Assumpsit to recover the difference between three promissory notes and the sum admitted to have been received by plaintiffs for the sale of certain collaterals. At the trial it appeared that in July, 1890, the plaintiffs sold to Archimedes Heckman a lot of ground in Washington, D. C., for the sum of $125,000.

Affirmed · Decided 1899-04-24

Pee Ctjbiam,

¶1We discover no error in this record. We think the learned court below was entirely correct in the interpretation given to the deed of trust and its several provisions, for the reasons stated in the charge. The testimony fairly raised the question of due diligence on the part of the trustees in endeavoring to collect the debt out of the land, and that question was properly submitted to the jury who found for the defendants.

¶2The assignments of error are all dismissed.

¶3Judgment affirmed.

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