Penn Iron Co. v. Diller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of January Term 1886, No. 408. This was an action of covenant brought by Franklin Diller for the use of Rosanna Stehman, against the Penn Iron Co. Limited. Pleas, covenants performed absque hoc.
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Error to the Court of Common Pleas of Lancaster county: Of January Term 1886, No. 408. This was an action of covenant brought by Franklin Diller for the use of Rosanna Stehman, against the Penn Iron Co. Limited. Pleas, covenants performed absque hoc. The action was brought on a lease, the portions of which that are material to this action are as follows : This indenture made the day of July, A. D. 1880, between the Penn Iron Company, (Limited), of Lancaster, Pa., of the one part, and Franklin Diller of the other part, witnesseth. that the said party of the first part doth by these presents,…
1Opinion of the CourtJustice Green
*641We are quite unable to agree with the learned court below in the interpretation they gave to the written contract of the parties. There was no agreement by the defendant to furnish any steam whatever to the plaintiff, and there was no leasing of any property or granting of any privilege which makes it necessary for the law to imply a contract by the defendant to furnish steam enough to the plaintiff to enable him to carry on the work of the foundry up to its ordinary capacity. The things leased to the plaintiff are, (1), certain premises known as the foundry building ; (2), yard space for…
2Cited by2 opinions
- Markides v. SofferSuperior Court of Pennsylvania · 1952
- Wood v. SharplessSupreme Court of Pennsylvania · 1896