Platt v. Fisher
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1914, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1913, No. 1,077, overruling demurrer to statement in case of Fanny H. Platt v. Christian S. Fisher. Assumpsit against a surety on a lease. Demurrer to statement of claim.
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Appeal, No. 111, Oct. T., 1914, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1913, No. 1,077, overruling demurrer to statement in case of Fanny H. Platt v. Christian S. Fisher. Assumpsit against a surety on a lease. Demurrer to statement of claim. Willson, P. J., filed the following opinion: The plaintiff demised certain real estate premises to the Eureka Enameling Company, for the term of one year, beginning November 15, 1908. The lease contained the usual provisions to the effect that either party might determine the lease at the end of the term by giving three months’…
1Opinion of the Court
Opinion by
Rice, P. J.,
If there were no judicial precedents defining the limits of the obligation which is assumed by a surety upon entering into such a contract as the defendant entered into, *120application of familiar and well-settled principles of the law of contracts to the facts admitted by the demurrer would inevitably lead to the conclusion that the defendant was legally bound to pay the sums claimed by the plaintiff in her statement. This conclusion involves no strained construction or doubtful conjecture, but simply holds the defendant to the performance of what he expressly agreed to…
2Cases cited7 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Shackamaxon Bank v. YardSupreme Court of Pennsylvania · 1891
- Coe v. VogdesSupreme Court of Pennsylvania · 1872
- Supplee v. HerrmanSuperior Court of Pennsylvania · 1901
- Reading Trust Co. v. JacksonSuperior Court of Pennsylvania · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- LeCraw v. Atlanta Arts Alliance, Inc.Court of Appeals of Georgia · 1972
- Martin v. Droney, Pennsylvania Court of Common Pleas, Lancaster County1928