Moore v. Miller
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Cumberland county. June 2 and 3. Thomas C. Miller brought trespass quare clausum fregit, against Johnston Moore, the plaintiff in error, to recover damages for the forcible expulsion of his hands from a mine-bank, and the pulling down of a cabin erected there for the workmen, as alleged by the plaintiff under a lease from the defendant, in consequence of which he was put to expense in searching for another ore-bank, to use indifferent ore,…
Read the full summary
In error from tbe Common Pleas of Cumberland county. June 2 and 3. Thomas C. Miller brought trespass quare clausum fregit, against Johnston Moore, the plaintiff in error, to recover damages for the forcible expulsion of his hands from a mine-bank, and the pulling down of a cabin erected there for the workmen, as alleged by the plaintiff under a lease from the defendant, in consequence of which he was put to expense in searching for another ore-bank, to use indifferent ore, and his furnace at last compelled to stop for a short time on account of it. The defendant pleaded the general issue and…
1Opinion of the CourtCoulter, J.
In estimating the language which constitutes a lease, the form of words used is of no consequence. It is not necessary that the term lease should be used. Whatever is equivalent will be equally available. If the words assume the form of a license, covenant, or agreement, and the other requisites of a lease are present, they will be sufficient: Co. Litt. 45 b; Bac. Abr. tit. Lease, K.
An agreement that Miller should enter and dig for ore, build houses, &c., he to pay, as a compensation to the owner of the land, fifty cents a ton for every ton of ore, was, in substance and fact, a lease. But…
2Cases cited1 opinion
- Mundine v. GoldSupreme Court of Alabama · 1837
3Cited by6 opinions
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Morrisville Shopping Center, Inc. v. Sun Ray Drug Co.Supreme Court of Pennsylvania · 1955
- Gilcrease v. McCulloughSupreme Court of Oklahoma · 1916
- Wallace v. DorrisSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.