Shillingford v. Good
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of May Term 1879, No. 182. Covenant brought September 19th 1877, by Dr. D. R. Good, trustee under the will of Dr. Daniel Houtz, deceased, against H. H. Shillingford, to recover royalty on bituminous coal mined by the defendant under a lease executed by Houtz to Shillingford, dated December 7th 1869. The defendant pleaded “covenants performed.”
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Error to the Court of Common Pleas of Huntingdon county: Of May Term 1879, No. 182. Covenant brought September 19th 1877, by Dr. D. R. Good, trustee under the will of Dr. Daniel Houtz, deceased, against H. H. Shillingford, to recover royalty on bituminous coal mined by the defendant under a lease executed by Houtz to Shillingford, dated December 7th 1869. The defendant pleaded “covenants performed.” Under the terms of the above-mentioned lease, certain coal lands in Clearfield county, Pennsylvania, which were known as the Bickham, Howell and Johnston tracts, were leased “ for the purpose of…
1Opinion of the CourtJustice Sterrett
The single question raised by the first three assignments of error is whether the trustee named in the will of Dr. Houtz can maintain an action on the contract for such breaches as are alleged to have occurred in the lifetime of the testator. As to those that occurred since his decease, it is conceded the trustee had a right to sue, but the defendant below contended that if any right of action accrued before, it vested exclusively in the executors; and in his first point the court was requested to charge that “ the plaintiff is not entitled to recover from the defendant for any alleged…
2Cited by4 opinions
- Allegheny County Light Co. v. ThomaSuperior Court of Pennsylvania · 1906
- Ohlbaum v. MayerSupreme Court of Pennsylvania · 1925
- Parkin v. Safe Deposit BankSuperior Court of Pennsylvania · 1913
- Blume v. Landsberg, Pennsylvania Court of Common Pleas, Montgomery County1968