Liggett v. Kaufmann
Superior Court of Pennsylvania
Appeal, No. 127, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1900, No. 143, on bill in equity in case of John Liggett v. Jacob Kaufmann, Isaack Kaufmann, Morris Kaufmann and Henry Kaufmann, partners, and trading as Kaufmann Brothers. Bill in equity for an injunction. Shaeer, J., found the facts to be as follows: The bill is by a landlord against a tenant, to restrain waste.
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Appeal, No. 127, April T., 1901, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1900, No. 143, on bill in equity in case of John Liggett v. Jacob Kaufmann, Isaack Kaufmann, Morris Kaufmann and Henry Kaufmann, partners, and trading as Kaufmann Brothers. Bill in equity for an injunction. Shaeer, J., found the facts to be as follows: The bill is by a landlord against a tenant, to restrain waste. FINDINGS OF FACT. 1. The defendants are the owners of a large department store on Smithfield street, in the city of Pittsburg, the buildings occupied by them being erected upon lots…
1Opinion of the Court
Opinion by
Rice, P. J.,
As none of the findings of facts were excepted to in the court below or are specifically assigned for error in this court, we must assume their correctness. See Equity Rules 63 to 67 inclusive. The court finds that at the time of the giving of the notice of November 11,1899, the construction of the defendant’s building was in a fair state of progress, — having been carried on without intermission from about July 1, — and that at the time of the giving of the notice of January 17, 1900, the openings complained of had been made and substantially completed. At that time the…
2Cases cited1 opinion
- Mackintyre v. JonesSuperior Court of Pennsylvania · 1899
3Cited by5 opinions
- Ventresca v. VentrescaSuperior Court of Pennsylvania · 1956
- Taylor v. SauerSuperior Court of Pennsylvania · 1909
- Asbury v. CarrollSuperior Court of Pennsylvania · 1913
- Taylor v. Commercial Building & Loan Ass'nSuperior Court of Pennsylvania · 1935
- Mason v. Colbus, Pennsylvania Court of Common Pleas, Bedford County1949