J. Schlitz Brewing Co. v. McCann
Supreme Court of Pennsylvania
ERROR, TO THE COURT OF COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 157 October Term 1887, Sup. Ct.; court below, No. 192 July Term 1885, C. P. No. 2. On May 26, 1885, John McCann brought an action of assumpsit against the J. Schlitz Brewing Co., to recover damages for the breach of a parol agreement made on March 17, 1884, when the defendant company executed to the plaintiff a lease for saloon purposes of premises under the Academy of Music at No. 816 Liberty street,…
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ERROR, TO THE COURT OF COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 157 October Term 1887, Sup. Ct.; court below, No. 192 July Term 1885, C. P. No. 2. On May 26, 1885, John McCann brought an action of assumpsit against the J. Schlitz Brewing Co., to recover damages for the breach of a parol agreement made on March 17, 1884, when the defendant company executed to the plaintiff a lease for saloon purposes of premises under the Academy of Music at No. 816 Liberty street, Pittsburgh; by which agreement the company bound itself to prevent the sale of liquors in an adjoining room, then within its…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The plaintiff in error admits’ its liability for nominal damages for its breach of contract with McCann, but denies that there was evidence to justify the submission by the court to the jury of the question of damages beyond a nominal sum. As the assignments of error relate to this subject, it is necessary to examine the testimony in order to determine whether the court was guilty of error in this particular or not.
McCann leased a room for the sale of liquors from the plaintiff company with the agreement that he should purchase his beer from the company, and that…
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