Legal Opinion

Phœnix Silk Manufacturing Co. v. Reilly

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 176PublishedCited by 12 opinions

Appeal, No. 176, Jan. T., 1898, by plaintiff, from judgment of C. P. Schuylkill Co., Jan. T., 1894, No. 138, for defendants non obstante veredicto. Assumpsit on a written contract. From the record it appeared that on June 2, 1887, defendants, members of the board of trade of Pottsville, entered into a written contract with the plaintiff company for the purpose of having the plaintiff erect a large silk mill in the borough of Pottsville.

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Appeal, No. 176, Jan. T., 1898, by plaintiff, from judgment of C. P. Schuylkill Co., Jan. T., 1894, No. 138, for defendants non obstante veredicto. Assumpsit on a written contract. From the record it appeared that on June 2, 1887, defendants, members of the board of trade of Pottsville, entered into a written contract with the plaintiff company for the purpose of having the plaintiff erect a large silk mill in the borough of Pottsville. The defendants guaranteed to the plaintiff that during the first ten years’ occupancy of the premises the plaintiff would be exempt from borough taxation, and…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

Two questions are raised by the assignments of error. The first question is whether the point upon which judgment was entered non obstante veredicto was properly reserved, and the second question is “ whether under the contract declared upon suit can be maintained for payment of water rent in excess of one hundred dollars for one year or number of years before the expiration of ten years from July, 1888.” The objection made to the reserved point is that it is not sufficiently comprehensive. There is however no specification of an omis*538sion from it of any fact or…

2Cited by12 opinions

  1. Rau v. Wilkes-Barre & Eastern R. R.Supreme Court of Pennsylvania · 1933
  2. Hertzler v. GeigleySupreme Court of Pennsylvania · 1900
  3. Homet v. SingerSuperior Court of Pennsylvania · 1908
  4. Allentown v. AckermanSuperior Court of Pennsylvania · 1908
  5. New Jersey Steel Tube Co. v. RiehlSuperior Court of Pennsylvania · 1899

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