Thomas v. Nichols
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1921, by defendant, from judgment of C. P. Westmoreland County, Feb. T., 1918, No. 454, on verdict for plaintiff in the case of James U. Thomas v. W. W. Nichols. Assumpsit for damages for wrongful cancellation of lease of coal mine. Before McConnell, P. J. Eule to show cause why money paid into court should not be credited as part payment of the judgment and costs. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 79, April T., 1921, by defendant, from judgment of C. P. Westmoreland County, Feb. T., 1918, No. 454, on verdict for plaintiff in the case of James U. Thomas v. W. W. Nichols. Assumpsit for damages for wrongful cancellation of lease of coal mine. Before McConnell, P. J. Eule to show cause why money paid into court should not be credited as part payment of the judgment and costs. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $235.29 and judgment thereon. Subsequently the defendant presented his petition setting forth the payment into court of…
1Opinion of the Court
Opinion by
Linn, J.,
This is an appeal from an order discharging a rule to show cause why plaintiff, with judgment on a verdict stated by the jury to be for “plaintiff......for $235.29, costs to be placed upon the defendant,” should not credit upon that judgment the sum of $228.23 tendered to plaintiff before suit and paid into court during the trial.
It was heard on petition, answer, and we assume, such parts of the record of the trial as are printed for this appeal. In his statement of claim among other things, plaintiff had declared for breach of contract resulting from defendant’s preventing…
2Cases cited5 opinions
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
- Fisher v. FisherSuperior Court of Pennsylvania · 1920
- Sheehan v. RosenSuperior Court of Pennsylvania · 1900
- Wheeler v. WoodwardSupreme Court of Pennsylvania · 1870
- Cerkovnik Bros. v. East Windber Coal Co.Superior Court of Pennsylvania · 1920
3Cited by3 opinions
- Lower Yoder Township School District v. Title Trust & Guarantee Co.Supreme Court of Pennsylvania · 1935
- Baldwin Township School District v. Pittsburgh Terminal Coal Corp.Superior Court of Pennsylvania · 1938
- Hang v. Old Guard Mutual Insurance, Pennsylvania Court of Common Pleas, Lancaster County1955