Foster v. Weaver
Supreme Court of Pennsylvania
error to the court or common pleas or rorest county. No. 219 October Term 1887, Sup. Ct.; court below, No. 37 September Term 1887, C. P. The cause below was in trespass by Josiah Weaver against Jacob Foster and L. Simon, instituted on August 10, 1887, and on August 16, 1887, by agreement of parties referred to Mr. L. W. Wilcox, as referee, under the act of May 14, 1874, P. L. 166. The findings of fact reported by the referee were as follows: The plaintiff and defendants…
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error to the court or common pleas or rorest county. No. 219 October Term 1887, Sup. Ct.; court below, No. 37 September Term 1887, C. P. The cause below was in trespass by Josiah Weaver against Jacob Foster and L. Simon, instituted on August 10, 1887, and on August 16, 1887, by agreement of parties referred to Mr. L. W. Wilcox, as referee, under the act of May 14, 1874, P. L. 166. The findings of fact reported by the referee were as follows: The plaintiff and defendants became tenants in common in an oil lease for 50 acres of land in Harmony township, dated November 1,1884, at one eighth…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
There is no question as to the correctness of the learned referee’s findings of fact. The sole contention is as to the law applicable to the undisputed facts clearly and concisely stated in his report. The most important of these is, that defendants below, being tenants in common with plaintiff of an oil lease, conspired with one of their employees to obtain his interest in the lease at an undervalue, and by gross deception and fraud accomplished their object. As soon as he discovered the fraud that had been practiced upon him by his co-tenants, he tendered them…
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