Dock v. Pratt
Superior Court of Pennsylvania
Appeal, No. 7, Oct. T., 1905, by defendant, from judgment of G. P. Chester Co., Aug. T., 1904, No. 21, on verdict for plaintiff in case of Mary G. Dock v. John W. Pratt. Assumpsit for breach of contract. Before Hemphill, P. J. The court charged in part as follows: The plaintiff’s claim in this case is for board and for rent of offices for a period of three years, less four and one-half months, which has been paid. There are some facts here that are not in dispute.
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Appeal, No. 7, Oct. T., 1905, by defendant, from judgment of G. P. Chester Co., Aug. T., 1904, No. 21, on verdict for plaintiff in case of Mary G. Dock v. John W. Pratt. Assumpsit for breach of contract. Before Hemphill, P. J. The court charged in part as follows: The plaintiff’s claim in this case is for board and for rent of offices for a period of three years, less four and one-half months, which has been paid. There are some facts here that are not in dispute. The first fact is that young Dr. Pratt went to the Dock house, occupied the offices of their deceased son from December 31, 1903,…
1Opinion of the Court
Opinion by
Henderson, J.,
Two courses of procedure were open to the plaintiff when the defendant, through his son, refused to further perform the contract set forth in the declaration. She might have proceeded in affirmation of the contract to collect the amount due thereon, or she could have elected to rescind the contract after the defendant’s repudiation of it and sue for the damage which she had sustained. She chose the latter course, and declared for damages for the breach of an entire contract which covered board, lodging and the use of an office at the rate of $50.00 a month for a period…
2Cases cited1 opinion
- Keck v. BieberSupreme Court of Pennsylvania · 1892
3Cited by2 opinions
- Richter v. GoldbergSuperior Court of Pennsylvania · 1922
- Swavely v. EnoSuperior Court of Pennsylvania · 1913