Way v. Fraser
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Allegheny Co., April T., 1909, No. 301, for defendant on demurrer to statement in case of William A. Way, Frederick Way for the use of William A. Way et al., v. W. P. Fraser. Demurrer to plaintiff’s statement of claim. Fraser, P. J., stated the facts to be as follows: Plaintiffs are the owners of a four-story brick warehouse at No. 439 Liberty avenue, Pittsburg.
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Appeal, No. 112, Oct. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Allegheny Co., April T., 1909, No. 301, for defendant on demurrer to statement in case of William A. Way, Frederick Way for the use of William A. Way et al., v. W. P. Fraser. Demurrer to plaintiff’s statement of claim. Fraser, P. J., stated the facts to be as follows: Plaintiffs are the owners of a four-story brick warehouse at No. 439 Liberty avenue, Pittsburg. Defendant, with W. B. Loveless, contemplated engaging in the wholesale shoe business in the city of Pittsburg, and with a view to leasing the property of…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
On demurrer the learned court below entered judgment *53for defendant from which judgment so entered this appeal was taken. Appellants contend that their theory of the case was misapprehended in that it was treated as a suit on a lease when it was only intended as a suit for the breach of a contract to make a lease. It is perfectly clear, however, that no matter whether the suit was on an executed lease or on a contract to make a lease which in point of fact was not executed, the burden was on plaintiffs to aver sufficient facts to show a valid consummated contract.…
2Cited by2 opinions
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- Cohen v. SmithSupreme Court of Pennsylvania · 1913