Montooth v. Gamble
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 144 October Term 1888, Sup. Ct., court below, No. 705 September Term 1886, C. P. No. 1. To tbe first Monday of September, 1886, a summons in covenant issued in an action wherein George K. Gamble, for use of J. M. Montgomery, was plaintiff, and C. C. Montooth, administrator of George Gray, deceased, and Lewellin Barum, were defendants, to recover damages for the failure to re-deliver to the plaintiff “1200 feet…
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 144 October Term 1888, Sup. Ct., court below, No. 705 September Term 1886, C. P. No. 1. To tbe first Monday of September, 1886, a summons in covenant issued in an action wherein George K. Gamble, for use of J. M. Montgomery, was plaintiff, and C. C. Montooth, administrator of George Gray, deceased, and Lewellin Barum, were defendants, to recover damages for the failure to re-deliver to the plaintiff “1200 feet of railroad T iron; 855 feet of railroad with strap iron; one incline 135 feet long, with drums; drum house; shutes;…
1Opinion of the Court
OuiNroN,
Mr. Justice Hand :
The plaintiff brought his action of covenant to recover the value of certain “shutes, tipples, inclines, and shops,” which *248be alleges were leased to the defendant under a covenant to return them at the expiration of the lease. The agreement, which is the basis of the action, is a formal instrument, and contains two parts; the first part a clear and unequivocal conveyance of coal with the right to mine, sometimes in common parlance called a coal lease, and the second part a technical lease of forty-three houses under certain stipulations by which the ordinary relation…
2Cases cited2 opinions
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
3Cited by13 opinions
- Harvey Coal & Coke Co. v. DillonWest Virginia Supreme Court · 1905
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
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