Legal Opinion

Koch's & Balliet's Appeal

Supreme Court of Pennsylvania

Decided March 5, 1880PublishedCited by 19 opinions

Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1877, No. 174J. In Equity. Bill in equity filed by Benjamin Guth and others, heirs and administrators of Daniel A. Guth, deceased, against John Koch, Sr., Lewis B. Balliet, executor of Stephen Balliet, deceased, and Edward . H. Balliet and others, heirs o'f said Stephen Balliet, deceased.

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Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1877, No. 174J. In Equity. Bill in equity filed by Benjamin Guth and others, heirs and administrators of Daniel A. Guth, deceased, against John Koch, Sr., Lewis B. Balliet, executor of Stephen Balliet, deceased, and Edward . H. Balliet and others, heirs o'f said Stephen Balliet, deceased. The bill was filed March 3d 1873, and alleged, in substance: 1. That on August 23d 1842, Daniel A. Giith, since deceased, entered into an agreement with Christian Pretz and others, as follows: “ For the consideration hereinafter…

1Opinion of the CourtJustice Sterrett

The agreement which forms the basis of claim in this case was made in August 1842, by and between Daniel A. Guth, of the one part, whose interest therein is now represented by the appellees, plaintiffs below, and Christian Pretz and others, parties of the second part, to whose rights, duties and obligations the appellants succeeded by virtue of sundry assignments of the agreement. Guth, being then the owner of the land, covenanted and agreed with the “ parties of the second part, their heirs, executors, administrators and assigns, to furnish and allow them * * * the exclusive right and…

2Cases cited1 opinion

  1. Watson v. O'HernSupreme Court of Pennsylvania · 1837

3Cited by19 opinions

  1. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  2. Aye v. Philadelphia Co.Supreme Court of Pennsylvania · 1899
  3. Kittaning Coal Co. v. MooreSupreme Court of Pennsylvania · 1949
  4. Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
  5. Jacobs v. CNG Transmission Corp.Supreme Court of Pennsylvania · 2001

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