Jermyn v. McClure
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1899, by plaintiffs, from decree of C..P. Lackawanna Co., June T., 1893, No. 6, dismissing bill in equity in suit of John Jermyn and Joseph J. Jermyn, copartners, trading as Jermyn & Co., v. Elliott, McClure & Co. Bill in equity for an injunction to restrain the mining of coal, and for a decree for value of coal taken and penalty.
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Appeal, No. 59, Jan. T., 1899, by plaintiffs, from decree of C..P. Lackawanna Co., June T., 1893, No. 6, dismissing bill in equity in suit of John Jermyn and Joseph J. Jermyn, copartners, trading as Jermyn & Co., v. Elliott, McClure & Co. Bill in equity for an injunction to restrain the mining of coal, and for a decree for value of coal taken and penalty. The facts appear by the opinion of Abchbald, P. J., which was in part as follows : The defendants claim that they were not trespassing but that they mined this coal by right through a parol exchange duly agreed to and executed by which they…
1Opinion of the Court
Per Curiam,
Having given a most minute and painstaking study to the master’s report, and the opinion of the learned court below in this case, we have reached the conclusion that the opinion of the court contains the correct exposition of the facts in evidence and of the conclusions of law which control the determination and application of the facts in view of the various contentions of the parties. The chief controversy upon the question of the parol exchange, as to which the master and the court differ in their conclusions, is in our opinion, clearly and correctly determined by the court. The…
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