Ellis v. Lane
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1877, No. 61. Covenant by J. L. Ellis against W. T. and N. B. Lane. Defendants pleaded non est factum, covenants performed, absque hoc, with leave, &c. In September 1867, J. E. Gay made a lease to N. B. Lane, of a certain tract of timber land, containing about four thousand acres, in Elk and Jefferson counties, upon which property was a saw-mill.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1877, No. 61. Covenant by J. L. Ellis against W. T. and N. B. Lane. Defendants pleaded non est factum, covenants performed, absque hoc, with leave, &c. In September 1867, J. E. Gay made a lease to N. B. Lane, of a certain tract of timber land, containing about four thousand acres, in Elk and Jefferson counties, upon which property was a saw-mill. In April 1873, J. L. Ellis bought the property from Gay, with all Gay’s right to the lease with Lane, and on the 25th of July following, the mill was burned. On the…
1Opinion of the CourtJustice Sterrett
This was an action of covenant on an article of agreement executed by the parties on the 18th of August 1873, whereby the defendants undertook, for the consideration therein named, to “ construct and erect a saw-mill on the site of the mill burned; said mill to be of the same length, breadth and general dimensions, and to be furnished with machinery in all respects similar to that in the mill so burned, so that the said mill, to be so erected, shall be in all respects as good as the said mill was at the time it was destroyed; * * * and all machinery to be fit and suitable for its intended…
2Cited by6 opinions
- Meitner v. ScarboroughSupreme Court of Pennsylvania · 1936
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Lewars v. WeaverSupreme Court of Pennsylvania · 1888
- Bratten v. Catawissa RailroadSupreme Court of Pennsylvania · 1905
- Krauskopf v. Pennypack Yarn Finishing Co.Superior Court of Pennsylvania · 1904
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