Legal Opinion

Wetherill v. Gallagher

Supreme Court of Pennsylvania

Decided March 27, 1905No. Appeal, No. 329PublishedCited by 3 opinions

Appeal, No. 329, Jan. T., 1904, by plaintiffs, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 3922, sustaining demurrer to bill in equity in case of Robert Wetberill and Richard Wetherill, copartners, trading as Robert Wetherill & Company, v. Francis G. Gallagher, S. Arthur Love, Emma R. M. Love, The Fidelity Trust Company, surviving executor of Henry Gibson, deceased, and the Downing Paper Company, and James I. Lineaweaver, trustee in bankruptcy of the Downing…

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Appeal, No. 329, Jan. T., 1904, by plaintiffs, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 3922, sustaining demurrer to bill in equity in case of Robert Wetberill and Richard Wetherill, copartners, trading as Robert Wetherill & Company, v. Francis G. Gallagher, S. Arthur Love, Emma R. M. Love, The Fidelity Trust Company, surviving executor of Henry Gibson, deceased, and the Downing Paper Company, and James I. Lineaweaver, trustee in bankruptcy of the Downing Paper Company. Bill in equity for an injunction. The facts are stated in the opinion of the Supreme Court. Errors…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Francis G. Gallagher, one of the defendants, by written agreement dated July 10, 1902, leased to the Downing Paper Company, a corporation and one of the defendants, a lot of ground in the city of Philadelphia together with the buildings erected thereon and the machinery and fixtures contained therein, being a plant for the manufacture of paper and felt. The lease was for one year from April 1, 1902, with the right of renewal from year to year on the terms therein set forth. The agreement provided that all betterments in the nature of permanent improvements or…

2Cases cited2 opinions

  1. McFadden v. . AllenNew York Court of Appeals · 1892
  2. Bower v. TallmanSupreme Court of Pennsylvania · 1843

3Cited by3 opinions

  1. Corbe v. BurkertSuperior Court of Pennsylvania · 1907
  2. Foulk v. Breakstone, Pennsylvania Court of Common Pleas, Luzerne County1955
  3. Olivier v. Mt. Union Tanning & Extract Co.District Court, M.D. Pennsylvania · 1918

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