Einfeld v. Shermer
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1913, by defendants, from judgment of C. P. No. 1, Phila. Co., March T., 1911, No. 3,046, on verdict for plaintiff in case of William J. Einfeld v. Joseph H. Shermer et al. Assumpsit for breach of an implied covenant for quiet enjoyment. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $672. Defendants appealed.
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Appeal, No. 44, Oct. T., 1913, by defendants, from judgment of C. P. No. 1, Phila. Co., March T., 1911, No. 3,046, on verdict for plaintiff in case of William J. Einfeld v. Joseph H. Shermer et al. Assumpsit for breach of an implied covenant for quiet enjoyment. Before Brégy, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $672. Defendants appealed. Errors assigned were in the following form: 1. The learned judge erred in admitting in evidence the lease from Sigmund Apfelbaum to William J. Einfeld, dated January 1, 1911, and containing a…
1Opinion of the Court
Opinion by
Morrison, J.,
From the testimony and conceded facts we feel warranted in assuming that the jury found, substantially, the following facts: John A. Shermer, owning the property at the northeast corner of Eighth and South streets, Philadelphia, gave' a mortgage thereon for $5,000, dated April 1, 1876, payable one year after date. He died intestate, prior to December 1, 1890, and on that day Joseph H. Shermer, Isabella D. Bo\ven, John B. Shermer and Mary E. Miller, his heirs, gave a power of attorney, under seal, to Abner G. Murphy, authorizing him to lease, inter alia, the said…
2Cases cited32 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Memmert v. McKeenSupreme Court of Pennsylvania · 1886
- Friedland v. . MyersNew York Court of Appeals · 1893
- Bitner v. BroughSupreme Court of Pennsylvania · 1849
- Matter of StrasburgerNew York Court of Appeals · 1892
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3Cited by12 opinions
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- Raker v. G. C. Murphy Co.Supreme Court of Pennsylvania · 1948
- Checker Oil Co. of Delaware, Inc. v. Harold H. Hogg, Inc.Superior Court of Pennsylvania · 1977
- Adler v. SklaroffSuperior Court of Pennsylvania · 1943
- Mullen v. McGeaghSuperior Court of Pennsylvania · 1926
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