Fell v. John F. Betz & Son, Ltd.
Superior Court of Pennsylvania
Appeal, No. 218, Oct. T., 1902, by defendant, from order of C. P. No. 3, Phila. Co., June T., 1895, No. 516, dismissing exceptions to referee’s report in case of William Jenks Fell, Trustee, v. John F. Betz & Son, Limited. Exceptions to report of Richard C. Dale, Esq., referee. The opinion of the Superior Court states the case. Errors assigned were in dismissing exceptions to report of referee.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
By an agreement filed of record the parties submitted all matters in controversy in this proceeding to Richard C. Dale, Esq., as referee under the act of May 14, 1874. The liability of the defendant depended upon whether it was in the beneficial enjoyment of the demised premises, or had the right to such enjoyment, during the period for which the plaintiff sought to recover rent. The referee found that the defendant was in constructive possession of the property, and accordingly entered judgment in favor of the plaintiff. All the assignments of error relate to this…
2Cases cited2 opinions
- Brown v. DempseySupreme Court of Pennsylvania · 1880
- Commonwealth v. HulingsSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Roberts v. WardSuperior Court of Pennsylvania · 1928