Ward v. Vance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of January Term 1879, No. 186. Debt by J. C. Vance against John O. Ward, to recover for hauling water to supply a hotel properly leased by Ward to Vance, in consequence of the failure of said Ward to supply said hotel according to an agreement contained in the lease under which Vance held the premises.
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Error to the Court of Common Pleas of Bradford county: Of January Term 1879, No. 186. Debt by J. C. Vance against John O. Ward, to recover for hauling water to supply a hotel properly leased by Ward to Vance, in consequence of the failure of said Ward to supply said hotel according to an agreement contained in the lease under which Vance held the premises. At the trial it appeared that, on January 19th 1866, C. L. Ward and John O. Ward entered into an agreement whereby the former was “ to furnish and supply the Ward House, in Towanda borough (owned by John O. Ward), with spring water, so long…
1Opinion of the CourtJustice Trtokey
But one question is presented: If the spring water which was supplied in the summer of 1871 was then sufficient for the use of the house, was Ward bound to keep up a supply equal to that whether the spring kept up or not ? The court charged that he was so bound, “ because Mr. Ward agreed to supply the house with spring water under that certain agreement between John O. Ward and O. L. Ward, dated January 19th 1866.”
It is contended by the defendant in error, that this is an isolated expression on a matter not contested, and the controversy was wholly, whether the deficiency was not owing to the…
2Cited by8 opinions
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- H. Hackfeld Co., Ltd. v. CastleCalifornia Supreme Court · 1921
- Dixon v. BreonSuperior Court of Pennsylvania · 1903
- Mahaska County State Bank v. BrownSupreme Court of Iowa · 1913
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