Potter v. Gilbert
Supreme Court of Pennsylvania
Appeal, No. 49, Jan. T., 1896, by plaintiff, from judgment of C. P. Schuylkill Co., March T, 1893, No. 806, on verdict for defendants. Assumpsit to recover moneys alleged to be due plaintiff’s assignor, for improvements upon a mining property. Before Albright, P. J. The facts appear by the opinion of the Supreme Court. The court below gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed.
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Appeal, No. 49, Jan. T., 1896, by plaintiff, from judgment of C. P. Schuylkill Co., March T, 1893, No. 806, on verdict for defendants. Assumpsit to recover moneys alleged to be due plaintiff’s assignor, for improvements upon a mining property. Before Albright, P. J. The facts appear by the opinion of the Supreme Court. The court below gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed. JSrrors assigned, among others, were above instructions, quoting them.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendants were owners of a tract of coal land in Schuylkill comity, known as the “ George Flower tract.” The property had been under lease to Lawrence & Brown; as this lease was about to expire, another was executed to them on the 1st of October, 1889, with a supplement dated 25th October, for the term of fifteen years, and this gave to lessees the right to mine and market the coal from certain veins in the tract; for the right to mine they were to pay lessors five, ten and forty cents per ton, according to size of coal marketed. Lawrence & Brown were to pay…
2Cases cited1 opinion
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
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- Gawthrop Co. v. Fibre Specialty Co.Supreme Court of Pennsylvania · 1917
- City of Philadelphia v. StraubCourt of Appeals for the Third Circuit · 1939
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