Johnson v. Smith
Supreme Court of Pennsylvania
Appeal, No. 68, Oct. T., 1893, by defendant, Mary Smith, executrix of D. S. Smith, deceased, surviving partner of D. S. Smith & Co., from order of C. P. Venango Co., Aug. T., 1891, No. 62, making absolute a rule for judgment for want of a sufficient affidavit of defence in favor of S. W. Johnson et al., trading as Johnson & Co. Assumpsit for rent for water power. Before Taylor, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 68, Oct. T., 1893, by defendant, Mary Smith, executrix of D. S. Smith, deceased, surviving partner of D. S. Smith & Co., from order of C. P. Venango Co., Aug. T., 1891, No. 62, making absolute a rule for judgment for want of a sufficient affidavit of defence in favor of S. W. Johnson et al., trading as Johnson & Co. Assumpsit for rent for water power. Before Taylor, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was order, making absolute a rule for judgment for want of sufficient affidavit of defence, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
In 1865, the partnership Dewoody, Smith & Co. contracted with Dewar & Smith for water power sufficient to operate their machine works in the borough of Franklin. They agreed to pay therefor an annual rental of §100 for the period of twenty-five years from October, 1865.
Dewar & Smith’s right, bj' sundry transfers, passed to these plaintiffs. The partnership of Dewoody, Smith & Co. after some time ceased to exist, when a new partnership, composed of D. S. Smith and Ayers Brashear, with firm name of D. S. Smith & Co., was formed; they continued to use and pay the…
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