Watson v. O'Hern
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. John O’Hem against Robert Watson and William Booth. This was an action of covenant upon the following agreement: “Articles of agreement, made and concluded by and between.
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ERROR to the district court of Allegheny county. John O’Hem against Robert Watson and William Booth. This was an action of covenant upon the following agreement: “Articles of agreement, made and concluded by and between. John O’Hern, of the borough of Allegheny, of the one part, and Robert Watson and William Booth, stonecutters, of said borough, of the other part; witnesseth, that the said O’Hern doth, on the conditions hereinafter mentioned, let on a lease of six years, commencing on this 5th day of February 1834, unto the said Robert Watson and William Booth, jointly, the privilege of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It is contended that by this instrument of writing *368the plaintiff granted and the defendants obtained nothing more than a privilege to take stone from the quarry, which they might or might not avail themselves of at pleasure, and that they were not bound to take out any stone except what the plaintiff should contract for, agreeably to the stipulation in his favour. I am disposed to think, however, that something more passed to the defendants than such a right, and that the defendants obtained, under this instrument, the exclusive right to…
2Cited by10 opinions
- Aye v. Philadelphia Co.Supreme Court of Pennsylvania · 1899
- Stoddard v. Illinois Improvement & Ballast Co.Illinois Supreme Court · 1916
- G.E.J. Corporation and M.F. Corporation v. Uranium Aire, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Koch's & Balliet's AppealSupreme Court of Pennsylvania · 1880
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