Long v. Fitzimmons
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. James Fitzimmons against Samuel Long and Jacob Steinberger. This was an action of account render in which the plaintiff thus set out his cause of action.
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ERROR to the Common Pleas of Union county. James Fitzimmons against Samuel Long and Jacob Steinberger. This was an action of account render in which the plaintiff thus set out his cause of action. “ Samuel Long and Jacob Steinberger, late of said county, yeomen, were summoned to answer James Fitzimmons of a plea in account; for that the said James, at the county aforesaid, on the 1st day of April 1832, leased and demised to the said Samuel and Jacob a certain grist-mill, situate in Penn township, Union county aforesaid, and delivered possession thereof on said day, to them, the said Samuel…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The jury might well find from the testimony to *532which the court refers, the existence of a contract of lease. The testimony may be reconciled, on the supposition that the contract with the plaintiff was the one under which the defendants took possession; and if so, it was not competent for them to dispute his title, when he calls for an account of the profits. By the contract, the defendants were to have one-third, and the plaintiff two-thirds of the tolls to be received in kind, at a rate well understood and regulated by the custom of the…
2Cited by16 opinions
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- Earle v. ArbogastSupreme Court of Pennsylvania · 1897
- United States Gypsum Co. v. Schiavo Bros., Inc.District Court, E.D. Pennsylvania · 1978
- Kline v. Jacobs & WifeSupreme Court of Pennsylvania · 1871
- Cornell v. VanartsdalenSupreme Court of Pennsylvania · 1846
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