Cohen v. Smith
Supreme Court of Pennsylvania
Appeal, No. 202, Oct. T., 1911, by plaintiff, from judgment of O. P. Jefferson Co., Nov. T., 1910, No. 267, on verdict for defendant in case of Eeuben Cohen v. E. W. Smith. Assumpsit for breach of contract. Before Baldridge, P. J., specially presiding. The opinion of the Supreme Court states the case. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various instructions.
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Appeal, No. 202, Oct. T., 1911, by plaintiff, from judgment of O. P. Jefferson Co., Nov. T., 1910, No. 267, on verdict for defendant in case of Eeuben Cohen v. E. W. Smith. Assumpsit for breach of contract. Before Baldridge, P. J., specially presiding. The opinion of the Supreme Court states the case. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were various instructions. It was error to admit evidence as to the understanding of the parties: Fry v. Nat. Glass Co., 207 Pa. 505; Fisher v. Deibert, 54 Pa. 460. The construction of an unambiguous contract is for the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Appellant’s claim for damages is based upon what he alleges was the failure of the appellee to give him possession of a store-room in accordance with the terms of a written lease. The following is a copy of what he avers is the lease from the appellee: “Punxsutawney, Pa., June 22, 1910. Received of Cohen and Lewis $25 as payment for rent on store-room located at Mahoning street (building formerly occupied by Spirit Publishing Co.), at the rate of $87 per month. Store to be fitted up to. suit the business, namely, two windows two feet deep, shelving, painting,…
2Cases cited2 opinions
- James v. Penn Tanning Co.Supreme Court of Pennsylvania · 1908
- Way v. FraserSupreme Court of Pennsylvania · 1911