Middletown Mfg. Co. v. Phila. & R. R.
Pennsylvania Court of Common Pleas, Dauphin County
Nos. 42, 43 May Term 1891, Sup. Ct.; court below, Nos. 384, 385 January Term 1891, C. P. Returnable to December 22,1891, the Middletown Furniture Manufacturing Company brought assumpsit against the Philadelphia & Reading Railroad Co. On the same date, the same plaintiff brought trespass against the same defendant. The statements of claim filed were not exhibited in the paper-books.
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Nos. 42, 43 May Term 1891, Sup. Ct.; court below, Nos. 384, 385 January Term 1891, C. P. Returnable to December 22,1891, the Middletown Furniture Manufacturing Company brought assumpsit against the Philadelphia & Reading Railroad Co. On the same date, the same plaintiff brought trespass against the same defendant. The statements of claim filed were not exhibited in the paper-books. ASSUMRSIT, TO NO. 384. At the trial, on February 26, 1891, the plaintiff proved and gave in evidence a contract under seal between the plaintiff company and the defendant company, as follows : “ This agreement made…
1Opinion of the Court
NO. 42.
Opinion,
Mr. Justice Sterrett :
We have not been furnished with a copy of plaintiff’s statement, but, from appellant’s history of the case and charge of the court, we understand that this action of assumpsit is based on the written agreement of August 30, 1890, wherein plaintiff leased to defendant, for sixty-seven years, a strip of land sixteen feet by three hundred feet, for the purpose of constructing and maintaining thereon a railroad track or siding, etc. In consideration of said lease, defendant agreed to pay one thousand dollars, and also to furnish plaintiff, in the language of…
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