Croyle v. Cambria Land & Improvement Co.
Supreme Court of Pennsylvania
Appeal, No. 185, Oct. T., 19Í1, by defendant, from judgment of C. P. Cambria Co., Sept. Term, 1909, No. 381, on verdict for plaintiff in case of Frank S. Croyle v. Cambria Land & Improvement Company, .Limited. Assumpsit for breach of contract.
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Appeal, No. 185, Oct. T., 19Í1, by defendant, from judgment of C. P. Cambria Co., Sept. Term, 1909, No. 381, on verdict for plaintiff in case of Frank S. Croyle v. Cambria Land & Improvement Company, .Limited. Assumpsit for breach of contract. Before O’Con-nor, P. J. At the trial it appeared that the plaintiff claimed damages for a failure on the part of the defendant to do certain filling on both sides of a right of way granted by the plaintiff to the defendant, in accordance with a parol agreement alleged to have been made contemporaneously with the execution of the deed of release of the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The issue submitted to the jury, and by them passed upon, was whether the plaintiff, in executing and delivering to the defendant company a deed of release for the right of way upon and over his land for a thoroughfare, did so relying upon a contemporaneous promise made by defendant’s contracting agent that the company would, within a fixed period, which had elapsed before the bringing of the suit, so fill the flat or lowland on plaintiff’s lot, at either side of the thoroughfare to be constructed, as to bring it to a level with the surface of the thoroughfare.…
2Cases cited3 opinions
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