Emery v. Regester
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1901, by plaintiff, from judgment of C. P. Washington Co., Feb. T., 1900, No. 152, for plaintiff on case tried by the court without a jury in suit of J. W. Emery for use of J. E. Clark v. Z. T. Regester. Assumpsit for breach of contract. The facts are fully stated in the opinion of the.Superior Court. Error assigned was in entering judgment for plaintiff for $1.00 and costs.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought an action of assumpsit against the defendant to recover damages for the breach of a written contract. After the case was at issue, a trial by jury was dispensed with and it was, by an agreement filed, submitted to the court under *484the Act of April 22, 1874, P. L. 109. By the article of agreement, the defendant agreed to sell and convey unto J. W. Emery, his heirs and assigns, all of the coal of the Pittsburg seam or river vein in and under certain described lands, together with the right of way into, upon and under the land for the purpose of digging,…
2Cases cited4 opinions
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- McMillan v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Heath v. BiddleSupreme Court of Pennsylvania · 1848