Sharpless v. Zelley
Superior Court of Pennsylvania
Appeal, No. 120, Oct. T., 1907, by defendant, from judgment of C. P. Del. Co., March T., 1906, No. 190, on verdict for plaintiffs in case of Serrill J. Sharp-less and Eleanor S. Sharpless, his wife, in right of the wife, v. Leander S. Zelley. Assumpsit for rental of machinery.
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Appeal, No. 120, Oct. T., 1907, by defendant, from judgment of C. P. Del. Co., March T., 1906, No. 190, on verdict for plaintiffs in case of Serrill J. Sharp-less and Eleanor S. Sharpless, his wife, in right of the wife, v. Leander S. Zelley. Assumpsit for rental of machinery. Before Johnson, P. J. At the trial the court ruled that the plaintiff had made out a prima facie case by producing the lease, showing the amount due under it, and when the defendant went into possession. [4] When J. K. Phillips, a witness for defendant, was on the stand, he was asked this question: “Q. In your opinion,…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiffs leased to the defendant a mortar mixing plant, in the borough of Darby, for a term of three years from July 1, 1905, at the rent of $2,250 for the term, $100 to be paid on the execution and delivery of the agreement and $325 on January 1,' 1906, etc.' The defendant paid the $100 required upon the execution and delivery of the lease, but did not pay the $325 called for by the lease on January 1, 1906, and the plaintiffs brought this action of assumpsit to recover that installment. The lease contained this covenant: “The lessor herein named hereby covenants…
2Cases cited4 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Gorman v. MillerSuperior Court of Pennsylvania · 1905
- Warner v. CaulkSupreme Court of Pennsylvania · 1838
- Meacham v. GardnerSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- Gandy v. KlawSupreme Court of Pennsylvania · 1921
- Sharpless v. ZelleySuperior Court of Pennsylvania · 1911