Wallace v. Dorris
Supreme Court of Pennsylvania
Appeal, No. 396, Jan. T., 1906, by plaintiffs, from judgment of C. P. Huntingdon Co., Sept. T., 1904, No. 22, on verdict for defendants in case of W. W. Wallace, Administrator of R. B. Wigton, deceased, W. H. Wig-ton and Prank H. Wigton, late trading as R. B. Wigton & Sons, to use of Prank H. Wigton, v. John D. Dorris et al., executors of William Dorris, deceased. Assumpsit to recover a portion of the cost of a coke oven.
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Appeal, No. 396, Jan. T., 1906, by plaintiffs, from judgment of C. P. Huntingdon Co., Sept. T., 1904, No. 22, on verdict for defendants in case of W. W. Wallace, Administrator of R. B. Wigton, deceased, W. H. Wig-ton and Prank H. Wigton, late trading as R. B. Wigton & Sons, to use of Prank H. Wigton, v. John D. Dorris et al., executors of William Dorris, deceased. Assumpsit to recover a portion of the cost of a coke oven. Before Woods, Pi J. The facts are stated in the opinion of the Supreme Court. At the trial ivhen A. M. Walker was on the stand, the witness was asked this question. “ Q. I…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The agreement for the extension of the term entered into in 1886 contained the following covenant: “ If at the expiration of the said extended term of five years from January 1, 1887, this lease shall not be renewed, the said William Dorris shall pay to the said R. B. Wigton & Sons the four-tenths of the value of the coke ovens upon said tracts at the time. ” This suit was brought on the ground that the lease was not renewed, by reason of which failure liability attached to pay four-tenths of the value of the coke ovens. The defendants deny the averment and…
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