Penman v. Jones
Supreme Court of Pennsylvania
Appeal, No. 97, Jan. T., 1916, by defendant, from judgment of C. P. Luzerne Co., Nov. T., 1915, No. 592, dismissing exceptions to referee’s report in case of T. F. Penman v. John M. Jones. Assumpsit on agreement to purchase surface of certain coal lands in Lackawanna County. Before Carman, J. The facts appear by the opinion of the Supreme Court. The referee directed judgment to be entered in favor of plaintiff and against the defendant.
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Appeal, No. 97, Jan. T., 1916, by defendant, from judgment of C. P. Luzerne Co., Nov. T., 1915, No. 592, dismissing exceptions to referee’s report in case of T. F. Penman v. John M. Jones. Assumpsit on agreement to purchase surface of certain coal lands in Lackawanna County. Before Carman, J. The facts appear by the opinion of the Supreme Court. The referee directed judgment to be entered in favor of plaintiff and against the defendant. The court dismissed exceptions to the referee’s findings and directed that judgment be entered in accordance therewith. Defendant appealed. Errors assigned…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff brought this action to recover damages for breach of contract by the defendant, in failing to carry out his agreement to purchase from plaintiff a certain lot of ground, known as lot No. 21, in block No. 55, in the City of Scranton. The lot is underlaid with coal, and defendant agreed to purchase it only upon condition that he should be assured of the right of surface support. He refused to accept the deed tendered by plaintiff, on the ground that it does not appear that plaintiff is entitled to surface support of the lot, and, therefore, cannot…
2Cases cited9 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Williams v. HaySupreme Court of Pennsylvania · 1888
- Graff Furnace Co. v. Scranton Coal Co.Supreme Court of Pennsylvania · 1914
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
- Carlin & Co. v. ChappelSupreme Court of Pennsylvania · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Peters Township School District v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
- Commonwealth v. FitzmartinSupreme Court of Pennsylvania · 1954
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
18 more not listed; retrieve them via the Exa API.