McCloskey v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1871, No. 115. This was an action of assumpsit brought December 24th 1869, by George- T. Miller and others against John McOloskey. The plaintiffs claimed under William L. Miller and the defendant under John Herron, William Herron and William Brown.
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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1871, No. 115. This was an action of assumpsit brought December 24th 1869, by George- T. Miller and others against John McOloskey. The plaintiffs claimed under William L. Miller and the defendant under John Herron, William Herron and William Brown. On the 7th of April 1846, by articles of agreement of that date, Miller sold to the Herrons and Brown “ all the good merchantable coal lying and being in and under the plantation or tract of land occupied by the said Miller, and by him originally purchased from…
1Opinion of the Court
The opinion o-f the court was delivered, by
Williams, J.
— The construction which the court gave to the agreement of the 7th of April 1846, by its qualified refusal to charge as requested in the defendant’s third ¡joint, was in accordance with the evident intention of the parties. It is clear that the use of the railroad, and of the other property specified in the agreement, was granted to the vendees of the coal, under whom the defendant claimed the right to their use, for the sole purpose of enabling them to dig and remove the coal purchased from the grantor. The defendant, therefore, had no…
2Cases cited4 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Dudding v. HillIllinois Supreme Court · 1853
- Pott v. LesherSupreme Court of Pennsylvania · 1795
- Rogers v. LibbeySupreme Judicial Court of Maine · 1853
3Cited by8 opinions
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- Gunn v. BowersSupreme Court of Pennsylvania · 1889
- Reilly v. Crown Petroleum Co.Supreme Court of Pennsylvania · 1906
- Philadelphia v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1944
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