Winkleblake v. Dyke
Supreme Court of Pennsylvania
Appeal, No. 155, July T., 1898, by plaintiff, Levinia Winkleblake, from judgment of C. P. Clinton Co., May T., 1892, No. 48, on demurrer in favor of defendant, Henry H. Van Dyke. Assumpsit for breach of parol contract. Before Mayer, P. J. The facts appear by the opinion of the Supreme Court. The objectionable paragraph of the demurrer is not printed in the paper-books but appellee’s argument contains a reflection on the character of plaintiff.
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Appeal, No. 155, July T., 1898, by plaintiff, Levinia Winkleblake, from judgment of C. P. Clinton Co., May T., 1892, No. 48, on demurrer in favor of defendant, Henry H. Van Dyke. Assumpsit for breach of parol contract. Before Mayer, P. J. The facts appear by the opinion of the Supreme Court. The objectionable paragraph of the demurrer is not printed in the paper-books but appellee’s argument contains a reflection on the character of plaintiff. Error assigned was in sustaining demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This is an appeal by plaintiff from the judgment of court below, sustaining a demurrer to plaintiff’s statement of cause of action. The statement avers that on 18th of May, 1886, defendant made an oral agreement with plaintiff, who then resided in Lock Haven, to keep a boarding house for him at certain lumbering operations in West Virginia; this to continue while his lumbering business lasted; in view of removal to another state, she was to keep herself in such a state of readiness that she might start immediately on notice from him. Further, that defendant agreed…
2Cases cited2 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Griffin v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1917
- Busch v. CalhounSuperior Court of Pennsylvania · 1900
- Hale v. HaleSuperior Court of Pennsylvania · 1906
- Hartford v. SmithCourt of Appeals for the Third Circuit · 1912
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