Legal Opinion

Walter v. Transue

Superior Court of Pennsylvania

Decided May 4, 1903No. Appeal, No. 269PublishedCited by 6 opinions

Appeal, No. 269, Oct. T., 1901, by defendant, from judgment of C. P. Northampton Co., Jan. T., 1897, No. 8, on verdict for plaintiff in case of William L. Walter v. Aaron Transue. Assumpsit for an alleged wrongful eviction. Before Schuyler, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 269, Oct. T., 1901, by defendant, from judgment of C. P. Northampton Co., Jan. T., 1897, No. 8, on verdict for plaintiff in case of William L. Walter v. Aaron Transue. Assumpsit for an alleged wrongful eviction. Before Schuyler, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented these points : 1. The plaintiff having averred in Ms statement a verbal agreement under which the rent of the proposed term of five years was to be 150.00 for the first year, and thereafter a royalty of twenty-five cents per thousand for marketable bricks manufactured, and…

1Opinion of the Court

Opinion by

W. D. Pouter, J.,

The plaintiff’s statement averred that he entered upon defendant’s land in the spring of the year 1894 under a parol agreement for a lease for a term of five years ; the rental for the first year to be $50.00, and thereafter a royalty of twenty-five cents per thousand for marketable bricks manufactured ; that in pursuance of the agreement he erected the necessary buildings for the manufacture of brick and expended large sums of money during the years 1894 and 1895 ; that the defendant, in violation of said parol contract, wholly excluded lfim from said property and…

2Cases cited5 opinions

  1. M'Dowell v. SimpsonSupreme Court of Pennsylvania · 1834
  2. Dumn v. RothermelSupreme Court of Pennsylvania · 1886
  3. Wilkinson Manufacturing Co. v. WeldeSupreme Court of Pennsylvania · 1900
  4. Walter v. TransueSuperior Court of Pennsylvania · 1901
  5. Passenger Conductors' Life Ins. v. BirnbaumSupreme Court of Pennsylvania · 1887

3Cited by6 opinions

  1. Tarentum Lumber Co. v. MarvinSuperior Court of Pennsylvania · 1915
  2. Shaffer v. BahrSuperior Court of Pennsylvania · 1914
  3. Morgan v. WilliamsSuperior Court of Pennsylvania · 1909
  4. McDowell v. Henry German Baking Co.Superior Court of Pennsylvania · 1935
  5. Citizens Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1928

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