Depuy v. Loomis
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1919, by defendant, from judgment of C. P. Lackawanna County, June T., 1913, No. 382, on verdict for plaintiff in case of H. A. Depuy v. F. M. Loomis. Assumpsit for breach of contract. Before O’Neill, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $400 and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 12, March T., 1919, by defendant, from judgment of C. P. Lackawanna County, June T., 1913, No. 382, on verdict for plaintiff in case of H. A. Depuy v. F. M. Loomis. Assumpsit for breach of contract. Before O’Neill, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $400 and judgment thereon. Defendant appealed. At the trial the plaintiff made the following offer: Mr. Mumford: We propose to show by the witness on the stand that he acted as attorney for Benton Coleman the landlord, from whom E. W. Finn rented the premises in which the goods and…
1Opinion of the Court
Opinion by
Trexler, J.,
On June 21,1910, Loomis, the defendant, entered into a written lease for certain personal property to one Finn. The lease contained the following clause, “In case said Finn should fail to pay in accordance with the terms above, it is hereby agreed that Harry Depuy shall have the right to comply with the terms of the agreement between the parties, hereto, and to have personal notice of said default and ten days’ grace, and thereupon to receive a bill of sale of said goods, and the said Finn hereby waives all claims whatever to said goods.” Finn defaulted and Loomis…
2Cases cited2 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Freeman v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
3Cited by6 opinions
- Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
- Tasin v. BastressSupreme Court of Pennsylvania · 1925
- Baldwin v. Woodlawn Land Co., Pennsylvania Court of Common Pleas, Beaver County1929
- Golden v. Ruhl, Pennsylvania Court of Common Pleas, Dauphin County1921
- Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
1 more not listed; retrieve them via the Exa API.