Legal Opinion

Breneman v. Mylin

Superior Court of Pennsylvania

Decided October 14, 1912No. Appeal, No. 50PublishedCited by 1 opinion

Appeal, No. 50, Oct. T., 1911, by defendant, from judgment of C. P. Lancaster Co., June T., 1909, No. 27, on verdict for plaintiff in case of Harry A. Breneman v. Aldus C. Mylin. Assumpsit to recover damages for breach of contract. Before Hassler, J. At the trial it appeared that the plaintiff on July 9, 1908, leased to the plaintiff a dwelling house in the village of Willow Street.

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Appeal, No. 50, Oct. T., 1911, by defendant, from judgment of C. P. Lancaster Co., June T., 1909, No. 27, on verdict for plaintiff in case of Harry A. Breneman v. Aldus C. Mylin. Assumpsit to recover damages for breach of contract. Before Hassler, J. At the trial it appeared that the plaintiff on July 9, 1908, leased to the plaintiff a dwelling house in the village of Willow Street. The plaintiff was to have possession on April 1, 1909, but the tenant in possession refused to surrender the premises. This fact was known to plaintiff in February, 1909. Plaintiff nevertheless hauled his…

1Opinion of the Court

Opinion by

Henderson, J.,

A large part of the damage claimed by the plaintiff was for injury to his furniture caused by hauling it over a rough turnpike road from the leased premises to his father’s house and for injury to the furniture while in storage at the latter place. Evidence was introduced to show the plaintiff’s loss in this respect, and the admission of this evidence is covered by the first, second and third assignments. The compensation which the plaintiff could lawfully claim under the most favorable circumstances would be that resulting from the injury which naturally and…

2Cases cited2 opinions

  1. Billmeyer, Dill & Co. v. WagnerSupreme Court of Pennsylvania · 1879
  2. Bradley v. McHaleSuperior Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Panagos v. PlackSupreme Court of Pennsylvania · 1923

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