Duncan v. Hartman
Supreme Court of Pennsylvania
No. 143 July Term 1890, Sup. Ct.; court below, No. 58 October Term 1888, C. P. On August 4, 1888, a statement of claim was filed in trespass, brought by P. S. Duncan and others against Jesse L. Hartman. Issue. At the trial on May 26, 1890, an agreement was given in evidence waiving proof of plaintiffs’ title to the lands the’locus in quo of the alleged trespass, the contention being as to the validity of the lease under which the defendant claimed.
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No. 143 July Term 1890, Sup. Ct.; court below, No. 58 October Term 1888, C. P. On August 4, 1888, a statement of claim was filed in trespass, brought by P. S. Duncan and others against Jesse L. Hartman. Issue. At the trial on May 26, 1890, an agreement was given in evidence waiving proof of plaintiffs’ title to the lands the’locus in quo of the alleged trespass, the contention being as to the validity of the lease under which the defendant claimed. Having proved acts of the defendant upon the plaintiffs’ land, by way of taking ganister stone therefrom in 1887 and 1888, and the amount thereof,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The title to the laud being admitted in plaintiffs, the defendant had the burden of showing that his act was not a trespass. This he undertook to do by the written agreement between himself and Cooper; and as that set out in express terms that Cooper was acting as agent for the Duncan heirs, defendant was bound to show that it was within Cooper’s authority as such agent. Cooper’s authority was in writing, and was “ to act as our agent for our properties.....and honestly and diligently manage said properties.” The delegation of power, here, is very general, but…
2Cases cited2 opinions
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