Walter J. Scanlan & Son v. Sherbine

Opinion by

Mr. Justice Arnold,

Defendant, Sherbine, appeals from judgment entered on the jury’s verdict in an action of trespass brought by plaintiff, Walter J. Scanlan & Son, to recover for coal mined and roads destroyed by Sherbine on lands under lease to plaintiff. The defense was invalidity of plaintiff’s lease by reason of fraud practiced by plaintiff upon the lessors in the procurement of the lease, and that Sherbine had a valid lease of the premises.

On April 16, 1948, Walter Scanlan, one of the members of plaintiff-partnership, leased from one Basal and others, for a term of three years,…