Dodson Coal Co. v. Delano
Supreme Court of Pennsylvania
Appeal, No. 234, Jan. T., 1920, by plaintiff, from order of C. P. Schuylkill Co., March T., 1919, No. 247, entering judgment for defendant for want of a sufficient statement of claim, in case of Dodson Coal Co. v. Warren Delano. Assumpsit to recover the value of certain improvements to a coal property.
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Appeal, No. 234, Jan. T., 1920, by plaintiff, from order of C. P. Schuylkill Co., March T., 1919, No. 247, entering judgment for defendant for want of a sufficient statement of claim, in case of Dodson Coal Co. v. Warren Delano. Assumpsit to recover the value of certain improvements to a coal property. Before Bechtel, P. J. An affidavit of defense in the nature of a demurrer was filed, alleging that the statement of claim was insufficient to sustain the action against defendant individually. There was nothing in the statement of claim to show what connection the New Boston Land Company had…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued to recover the value of certain improvements on coal property made by it while in possession under lease, which improvements it is alleged defendant agreed to purchase at an appraised valuation at the expiration of the term. The affidavit of defense raised the single question of laAV Avhether the statement of claim disclosed a cause of action against defendant in his individual capacity. The court below concluded it did not, entering judgment for defendant, and we have this appeal by plaintiff.
The statement of claim avers that, on March 8, 1888,…
2Cases cited3 opinions
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
- Schalcher v. BergdollSuperior Court of Pennsylvania · 1910
- Campbell v. BakerSupreme Court of Pennsylvania · 1833
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- Smiler v. TollSupreme Court of Pennsylvania · 1953
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- Levy v. ConlySupreme Court of Pennsylvania · 1940
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