Schomaker v. Heinz
Superior Court of Pennsylvania
Appeal, No. 50, April T., 1921, by plaintiff, from judgment of C. P. Allegheny County, Oct. T., 1918, No. 264, for defendant in the case of F. W. Schomaker v. Clifford S. Heinz et al., executors of the estate of H. J. Heinz, deceased. Assumpsit to recover rental under a lease. Before Evans, J. Verdict for defendant and judgment thereon. Plaintiff appealed.
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Appeal, No. 50, April T., 1921, by plaintiff, from judgment of C. P. Allegheny County, Oct. T., 1918, No. 264, for defendant in the case of F. W. Schomaker v. Clifford S. Heinz et al., executors of the estate of H. J. Heinz, deceased. Assumpsit to recover rental under a lease. Before Evans, J. Verdict for defendant and judgment thereon. Plaintiff appealed. The facts are stated in the following opinion of the court below: On the 26th of May, 1917, the plaintiff leased to the defendant a piece of land fronting about 25 feet on River Avenue, on the North Side, Pittsburgh, and extending back on…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The question involved, as submitted by the appellant is as follows:
“Was there a disputed question of fact under the pleadings and evidence requiring this case to be submitted to the jury.”
The trial-judge directed the jury that there was no fact in dispute for them to determine, and that the defendant was entitled to a verdict. On a motion for a new trial, and for judgment non obstante veredicto, the court in banc in an opinion filed refused the motions and directed judgment to be entered on the verdict.
This opinion disposes of every question raised by the assignment,…
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