Clark v. Steele
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1916, by defendant, from judgment of C. -P. Armstrong Co., Dec. T., 1914, No: 72, on verdict for plaintiff, in case of James D. Clark v. W. J. Steele. Assumpsit for breach of a warranty of title in a deed. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,000 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury, answers to points and rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This is an action in assumpsit by a vendee against his vendor to recover damages by reason of failure of the latter to deliver coal underlying the surface of the land sold, the coal having been mined out before the conveyance and without the knowledge of either party. ¡.
Defendant in 1896 leased to a third person on a specified royalty all the coal underlying a five hundred acre tract of land belonging to him, reserving “the right to retain three acres in one body underneath the buildings now erected on the land if desired. Said three acres to be located and…
2Cases cited11 opinions
- Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
- Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- Hosack v. CrillSuperior Court of Pennsylvania · 1901
- Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
- Billmeyer, Dill & Co. v. WagnerSupreme Court of Pennsylvania · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Parsons Trading Co. v. DohanSupreme Court of Pennsylvania · 1933
- Srednick v. SylakSupreme Court of Pennsylvania · 1941
- Williams v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1971
- Altman v. Uniontown School DistrictSupreme Court of Pennsylvania · 1939
- Culbertson Et Ux. v. AnsellSupreme Court of Pennsylvania · 1931
8 more not listed; retrieve them via the Exa API.