Schmidt v. Musser
Supreme Court of Pennsylvania
Appeal, No. 34, Oct. T., 1921, by plaintiff, from decree of O. P. Allegheny Co., Oct. T., 1919, No. 462, dismissing bill in equity, in case of Charles W. Schmidt v. William J. Musser and L. C. Wick. Bill in equity to cancel coal lease. Before Swearingen, J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiff appealed. Error assigned, inter alia, was above decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Defendants assigned to the plaintiff, an experienced miner of coal, a lease of mining rights in a tract of land situate in the 19th Ward of the City of Pittsburgh, including a sale of mining equipment, for a total consideration of $2,000, upon which plaintiff paid $1,250 in cash and gave as security for the balance a mortgage of $750, on a separate lot of ground adjacent to the coal property, payable $250 in six months and the balance one year thereafter. Plaintiff went into possession of the property and began mining operations, expending $970 in renewing the…
2Cases cited2 opinions
- Shimer v. Aldine Trust Co.Supreme Court of Pennsylvania · 1919
- Volk v. VolkSupreme Court of Pennsylvania · 1922