Bartram v. Hering
Superior Court of Pennsylvania
Appeal, No. 62, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pliila. Co., June T., 1900, No. 1167, on verdict for plaintiff in ease of J. Alfred Bartram v. William H. Hering.' Assumpsit for breach of contract.
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Appeal, No. 62, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Pliila. Co., June T., 1900, No. 1167, on verdict for plaintiff in ease of J. Alfred Bartram v. William H. Hering.' Assumpsit for breach of contract. Before Biddle, P. J. At the trial it appeared that on July 27, 1900, defendant leased a cottage at Atlantic City to the plaintiff for the months of August and September for a rental of $200. The evidence for the plaintiff tended to show that the defendant had arbitrarily refused to give him possession of the cottage. When the plaintiff was on the stand he was ashed this…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The defendant failed to deliver possession of a house in Atlantic City, which by an agreement in writing he had leased to the plaintiff for the term of two months. The plaintiff was permitted to recover damages for the loss of his bargain, in other words, the learned judge of the court below held the value of the contract to be the measure of damages for its breach. The defendant in this case was not within the protection of the statute of frauds, the contract was not one which by an express provision of the law he was excused from performing, and the decisions…
2Cases cited2 opinions
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- M'Clowry v. Croghan's AdministratorSupreme Court of Pennsylvania · 1854
3Cited by11 opinions
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- Dempsey v. StaufferCourt of Appeals for the Third Circuit · 1962
- Richter v. GoldbergSuperior Court of Pennsylvania · 1922
- Dempsey v. StaufferDistrict Court, E.D. Pennsylvania · 1961
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