Cornelius v. Lytle
Supreme Court of Pennsylvania
Appeal, No. 320, Jan. T., 1913, by defendant, from judgment of C. P. Blair Co., Oct. T., 1908, No. 368, on verdict for plaintiff in case of Harry V. Cornelius v. Edward H. Lytle. Assumpsit to recover damages for breach of a lease of farm premises. Before Baldrigb, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,575.96, which was subsequently remitted to $2,075.96, and judgment thereon. Defendant appealed.
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Appeal, No. 320, Jan. T., 1913, by defendant, from judgment of C. P. Blair Co., Oct. T., 1908, No. 368, on verdict for plaintiff in case of Harry V. Cornelius v. Edward H. Lytle. Assumpsit to recover damages for breach of a lease of farm premises. Before Baldrigb, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $2,575.96, which was subsequently remitted to $2,075.96, and judgment thereon. Defendant appealed. Error assigned, inter alia, was (3) in affirming plaintiff’s third point for charge which was as follows: “The plaintiff’s right of action having accrued on…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was for the recovery of damages for breach by defendant of a written contract dated 15th of October, 1907, whereby he had leased to the plaintiff a certain farm of which he was the owner for a term of three years. When the term was. to begin the owner was unable, through no fault of his, to give possession. The one question in the case is, what is the true measure of damages under such circumstances? The instruction of the court was that plaintiff was entitled to recover “for what profits he could have made on the farm during the entire period of three…
2Cases cited5 opinions
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