Fuller v. Mulhollan
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1909, by defendant, from judgment of C. P. Jefferson Co., Nov. T., 1907, No. 76, on verdict for plaintiff in case of G. W. Fuller v. Ed Mulhollan. Assumpsit on a promissory note. Before Reed, P. J. At the trial it appeared that the note was given in partial payment of certain coal lands sold by the plaintiff to the defendant.
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Appeal, No. 34, April T., 1909, by defendant, from judgment of C. P. Jefferson Co., Nov. T., 1907, No. 76, on verdict for plaintiff in case of G. W. Fuller v. Ed Mulhollan. Assumpsit on a promissory note. Before Reed, P. J. At the trial it appeared that the note was given in partial payment of certain coal lands sold by the plaintiff to the defendant. The defendant alleged that he proceeded to work the mines and found that a portion of the coal had been previously mined out by the Standard Coal Company. The defendant presented this point: 1. If the jury believe from the evidence that at the…
1Opinion of the Court
Opinion by
Henderson, J.,
The only question presented on the argument was that relating to the rule for the measure of damages stated by the court to the jury. The instruction on that point was in substance that the proportion which the coal mined by the Standard Coal Company bore to that which remained in the land would be the basis for ascertaining the damage and that this *261should be fixed with reference to the consideration agreed to be paid. This instruction was in harmony with numerous cases and was well applied in this instance: Lee v. Dean, 3 Whart. 316; Beaupland v. McKeen et al., 28 Pa.…
2Cases cited9 opinions
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Morris v. PhelpsNew York Supreme Court · 1809
- Bowser v. CessnaSupreme Court of Pennsylvania · 1869
- Lee v. DeanSupreme Court of Pennsylvania · 1838
- Beaupland v. McKeenSupreme Court of Pennsylvania · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. SteeleSupreme Court of Pennsylvania · 1917
- Mengel v. WilliamsonSuperior Court of Pennsylvania · 1912
- Hepler v. AttsSuperior Court of Pennsylvania · 1963
- Krein Et Ux. v. SteigerwaldSuperior Court of Pennsylvania · 1937
- Epstein v. Van Gilder, Pennsylvania Court of Common Pleas, Lehigh County1957
1 more not listed; retrieve them via the Exa API.