Dorris v. Morrisdale Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 66, Jan. T., 1906, by defendant, from judgment of C. P. Clearfield Co., May T., 1904, No. 290, on verdict for plaintiff in case of Annie Dorris, Julia Dorris et al., Executors of William Dorris, v. Morrisdale Coal Company. Assumpsit to recover royalties on a mining lease. Before Reed, P. J., specially presiding. At the trial it appeared that William Dorris in his lifetime owned the undivided four-tenths interest in about 2,666 acres of land in Clearfield county.
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Appeal, No. 66, Jan. T., 1906, by defendant, from judgment of C. P. Clearfield Co., May T., 1904, No. 290, on verdict for plaintiff in case of Annie Dorris, Julia Dorris et al., Executors of William Dorris, v. Morrisdale Coal Company. Assumpsit to recover royalties on a mining lease. Before Reed, P. J., specially presiding. At the trial it appeared that William Dorris in his lifetime owned the undivided four-tenths interest in about 2,666 acres of land in Clearfield county. On March 1,1898, he leased his interest in the “ B ” seam of coal under 1,000 acres of that land to his cotenants. The…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In the view we take of this case it will not be necessary to consider in detail the many questions raised by the numerous assignments of error. We cannot accept as sound the contention of learned counsel for appellant that there was such clear, precise and indubitable evidence produced at the trial as to warrant a submission of the question of the reformation of the contract to the jury on the ground of fraud, accident or mistake. The presumption always is that a written instrument expresses the true intent of the parties who executed it, and when an attempt is…
2Cases cited6 opinions
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
- Rowand v. FinneySupreme Court of Pennsylvania · 1880
- Stine v. SherkSupreme Court of Pennsylvania · 1841
- Lefferts v. BramptonNew York Court of Common Pleas · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re FoxMississippi Supreme Court · 1974
- Board of Review v. WilliamsMississippi Supreme Court · 1943
- Oliver v. PolsonWashington Supreme Court · 1921
- Kelly v. Harrisburg National Bank, Pennsylvania Court of Common Pleas, Dauphin County1937