Morris v. Shakespeare
Supreme Court of Pennsylvania
July Term, 1887, No. 57, E. D., before Paxson, Sterrett, Green, Clark, and Williams, JJ. Error to Common Pleas No. 3 of Philadelphia Cotmty to review a judgment in favor of plaintiff for want of a sufficient affidavit of defense in an action of covenant. This was an action by George O. Shakespeare against Nelson Morris, on a lease made by plaintiff to defendant of certain real estate situate in Reading, Pennsylvania.
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July Term, 1887, No. 57, E. D., before Paxson, Sterrett, Green, Clark, and Williams, JJ. Error to Common Pleas No. 3 of Philadelphia Cotmty to review a judgment in favor of plaintiff for want of a sufficient affidavit of defense in an action of covenant. This was an action by George O. Shakespeare against Nelson Morris, on a lease made by plaintiff to defendant of certain real estate situate in Reading, Pennsylvania. By the lease, dated March 25, 1885, the plaintiff leased to the defendant “all that certain refrigerator property situate, etc. . . . for the term of two years from the 28th day…
1Opinion of the Court
Opinion by
Mr. Justice Clark:
In the affidavit of defense filed in this case by Thomas Hoopes, with whom, as the agent of the defendant, the terms of the contract in suit were arranged, it is explicitly set forth that the plaintiff represented to him at the time that the railroad siding was appurtenant to the refrigerator building; in the words of the affidavit that it “belonged to' and went with the building,” that he owned the ground and laid the track at his own expense, for the use of that building, and that the track went with the lease; that “if Mr. Morris leased the buildings, he wTould…
2Cases cited3 opinions
- Cullmans v. LindsaySupreme Court of Pennsylvania · 1886
- Bell v. ClarkSupreme Court of Pennsylvania · 1886
- Hoopes v. BealeSupreme Court of Pennsylvania · 1879