Himes v. Schmehl
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Suit by Hiram C. Himes against Harry A. Schmehl. Erom a decree dismissing the bill, plaintiff appeals.
1Opinion of the Court
MORRIS, District Judge.
The appellant, Hiram C. Himes, of New Jersey, plaintiff below, and his co-owner Edmund B. Seymour, Jr., of Pennsylvania by joint contract of lease demised a graphite mine and its equipment to the defendant, Harry A. Schmehl, of Pennsylvania. This suit arises out of that contract and is brought by Himes alone. The contract, made a part of the bill, does not disclose the respective interests of the lessors in the demised property. The rent is made payable to the lessors jointly; not severally as their interests may appear. The remaining covenants likewise run to the…
2Cases cited6 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- California v. Southern Pacific Co.Supreme Court of the United States · 1895
- Railroad Co. v. OrrSupreme Court of the United States · 1873
- Farni v. TessonSupreme Court of the United States · 1862
- Calvert v. BradleySupreme Court of the United States · 1854
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3Cited by8 opinions
- Ellis B. Grady, Jr., Administrator, C.T.A., of Margarette W. Rodgers, Deceased v. Richard Eugene IrvineCourt of Appeals for the Fourth Circuit · 1958
- Anglo California Nat. Bank of San Francisco v. LazardCourt of Appeals for the Ninth Circuit · 1939
- Bry-Man's, Inc. v. Herman F. Stute, Jr., D/B/A H. G. Stute CompanyCourt of Appeals for the Fifth Circuit · 1963
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- National City Bank v. Harbin Electric Joint-Stock Co.Court of Appeals for the Ninth Circuit · 1928
3 more not listed; retrieve them via the Exa API.