Reading Iron Works
Supreme Court of Pennsylvania
Appeal, No. 307, Jan. T., 1892, by Virtue C. Sweatman, from decree of C. P. Berks Co., dismissing exceptions and confirming report of auditor to distribute assigned estate. The claim was for damages for breach of covenant to pay rent. The facts appear by the opinion of the Supreme Court. The auditor, H. Willis Bland, cited and relied upon Jordan v. Porter, 107 Pa. 84; Bosler v. Kuhn, 8 W. & S. 188"; Snyder & Cadwallader’s Est., 8 Phila. 802; and Greenl.
Read the full summary
Appeal, No. 307, Jan. T., 1892, by Virtue C. Sweatman, from decree of C. P. Berks Co., dismissing exceptions and confirming report of auditor to distribute assigned estate. The claim was for damages for breach of covenant to pay rent. The facts appear by the opinion of the Supreme Court. The auditor, H. Willis Bland, cited and relied upon Jordan v. Porter, 107 Pa. 84; Bosler v. Kuhn, 8 W. & S. 188"; Snyder & Cadwallader’s Est., 8 Phila. 802; and Greenl. Cruise on Real Prop., title 28, §§ 2 and 3, and continued: “The learned counsel of Mr. Sweatman have referred the auditor to the following…
1Opinion of the Court
Opinion by
Mb. Justice Williams,
If the appellant’s claim in this case was for rent to fall due in the future, as the learned auditor held, the action of the court below could not be successfully attacked. In the distribution of a fund the general rule undoubtedly is that those only are entitled to share who have a definite demand against it, or a cause of action capable of adjustment and liquidation upon trial. Id cerium est quod cerium reddi potest. But the appellant denies that his demand is for rent, and insists that it is for damages resulting from a breach by the Reading Iron Works of its…
2Cited by16 opinions
- Brock's Assigned Estate (No. 1)Supreme Court of Pennsylvania · 1933
- Connecticut Railway & Lighting Co. v. PalmerSupreme Court of the United States · 1939
- Estate of Martina R. NixonSuperior Court of Pennsylvania · 1931
- McGraw v. Union Trust Co.Michigan Supreme Court · 1904
- Lang v. Pacific Brewing & Malting Co.California Court of Appeal · 1919
11 more not listed; retrieve them via the Exa API.