Gorman v. Miller
Superior Court of Pennsylvania
Appeal, No. 18, Jan. T., 1904, by-defendant, from judgment of C. P. Lackawanna Co., Jan. T., 1900, No. 862, on verdict for plaintiff in case of H. S. Gorman and Vina E. Payne, trading as H. S. Gorman & Co., v. John S. Miller. Assumpsit to recover excess of rent paid. Before Dun-ham, P. J., specially presiding. The facts of the case are stated in the opinion of the Superior Court. Error assigned amongst others was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Beaver, J.,
In a lease made by defendant with the plaintiffs occurs this clause: “ That the said party of the first part does hereby lease, demise and ]et unto the said parties of the second part, a brick barn to be built on the rear of his lot on the southerly side of Spruce street, in the city of Scranton, county of Lackawanna and state of Pennsylvania, between Breck and Forest courts, together with the ground upon which the same is to be erected. The said barn to contain three stories and basement and to be 100 feet long on the said courts, and forty feet wide, and to be *64completed…
2Cases cited5 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- Prescott v. OtterstatterSupreme Court of Pennsylvania · 1877
- Jackson v. FarrellSuperior Court of Pennsylvania · 1897
- Peterson v. HaightSupreme Court of Pennsylvania · 1838
- Warner v. CaulkSupreme Court of Pennsylvania · 1838
3Cited by11 opinions
- Pugh v. HolmesSuperior Court of Pennsylvania · 1978
- Teodori v. WernerSupreme Court of Pennsylvania · 1980
- McDanel v. Mack Realty Co.Supreme Court of Pennsylvania · 1934
- Pawco, Inc. v. Bergman Knitting Mills, Inc.Superior Court of Pennsylvania · 1980
- Leon Gabai, Inc. v. KrakovitzSuperior Court of Pennsylvania · 1929
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