Thudium v. Yost
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland County to review a judgment on a verdict for plaintiff in an action of covenant. Plea, covenants performed, etc.
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Error to the Common Pleas of Cumberland County to review a judgment on a verdict for plaintiff in an action of covenant. Plea, covenants performed, etc. The only assignment of error was based on the answer of the court to plaintiff’s first point which was as follows: The evidence produced by the defendant under the offer to show that plaintiff made fraudulent representations to the defendant, which were relied upon by the defendant, and except for which defendant would not have executed the lease of August 31, 1885, wholly fails to make good the offer under which it was admitted; and being…
1Opinion of the Court
OPINION by
Me. Justice Sterrett:
It clearly appears from the evidence recited in the specification of error that pending the negotiations, between the parties, for the lease in suit, plaintiff below was fully informed that the lease of the tenant then in possession would not expire until April 1, 1887; that possession of the premises, before that time,, could not be obtained by him or anyone else, without buying the furniture and unexpired term of the tenant, and that defendant would not lease the premises for a term commencing April 1, 1886, except on the condition that such purchase was made…
2Cases cited12 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Walker v. FranceSupreme Court of Pennsylvania · 1886
- Spencer v. ColtSupreme Court of Pennsylvania · 1879
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Norman v. WaiteNebraska Supreme Court · 1890
- State v. Michael HarwoodSupreme Court of Vermont · 2020