Fulmer v. Williams
Pennsylvania Court of Common Pleas, Lehigh County
No. 123 July Term 1888, Sup. Ct.; court below, No. 1 April Term 1883, C. P. in Equity. On February 17, 1883, Henry Fulmer filed a bill in equity against David Williams, charging in substance that the plaintiff and defendant from October 15,1880, to September 4,1882, were tenants in common of certain slate quarries, which, however, were being worked exclusively by the defendants;— praying for an account by the defendant, (1) “ of the quantity of slate taken out and removed,…
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No. 123 July Term 1888, Sup. Ct.; court below, No. 1 April Term 1883, C. P. in Equity. On February 17, 1883, Henry Fulmer filed a bill in equity against David Williams, charging in substance that the plaintiff and defendant from October 15,1880, to September 4,1882, were tenants in common of certain slate quarries, which, however, were being worked exclusively by the defendants;— praying for an account by the defendant, (1) “ of the quantity of slate taken out and removed, the quality and value of them, and also an account of all rents and profits received or made from the exclusive use,…
1Opinion of the Court
Opinion,
Mr. Justice Green:
There is but a single and very narrow question for decision in this case. It is agreed on both sides that the defendant shall account to the plaintiff for the value of the slate in place. But in the determination of what was the value of the slate in place, the master adopted one method and the court another. The master held that the value of the slate on the bank, less the cost of mining and putting it there, with a margin for a fair and reasonable profit to the operator, represented the value of the slate in place, and therefore charged the defendant with the…
2Cases cited2 opinions
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