Foster & Co. v. Runk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Carbon county: Of January Term 1885, No. 264. Tins was an action of covenant, by Charles M. Itunk against Charles E, Foster and Henry Beineman, trading as C. E. Foster and Co., to recover royalty for bricks manufactured and sold by the defendants, under a lease made by the plaintiff to one W. I). Tombler and assigned to the defendants.
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Error to the Court of Common Pleas of Carbon county: Of January Term 1885, No. 264. Tins was an action of covenant, by Charles M. Itunk against Charles E, Foster and Henry Beineman, trading as C. E. Foster and Co., to recover royalty for bricks manufactured and sold by the defendants, under a lease made by the plaintiff to one W. I). Tombler and assigned to the defendants. On the trial, before Meyers, P. J., the following facts appeared : By deed dated December 9th, 1863, Chas. M. Punk and wife conveyed a certain tract of land or farm to Abby Bowman; the deed containing the following…
1Opinion of the CourtJustice Gordon
Although there were a number of exceptions taken to tbe ruling of the court below which are here assigned for error, yet we regard the third point of the defendants below and the answer to it as embracing every thing that is material in this case. If Runk in fact owned the brick clay found upon the tract of land sold to Abby Bowman, then, of course, his lease to Tombler, the assignor of the defendants, was not only good when made, but by virtue of the holding over by the lessees, continued to run down to the time of the bringing of this suit.
In that case, there was but one alternative left to…
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