McClane v. Peoples Light & Heat Co.

Supreme Court of Pennsylvania

McClane v. Peoples Light & Heat Co.

35 A. 812, 178 Pa. 424, 1896 Pa. LEXIS 1187

CourtSupreme Court of Pennsylvania

DecidedNovember 11, 1896

DocketAppeal, No. 56

StatusPublished

This text of 35 A. 812 (McClane v. Peoples Light & Heat Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McClane v. Peoples Light & Heat Co., 35 A. 812, 178 Pa. 424, 1896 Pa. LEXIS 1187 (Pa. 1896).

Pincite

Opinion

Pee Cubiam,

While it is true that the plaintiff admitted that he had offered to reduce the rental $50.00 per annum, it is also true that that offer was rejected by the defendant. The plaintiff denies that he agreed in any other way than this to make any reduction in the rental, and he especially denies' that he agreed “ to make it right,” or that he agreed in any general way to reduce the rental. This raised a disputed question of fact as to which the testimony was all verbal and therefore had to be submitted to the jury. The plaintiff admitted that he said he would rather reduce the rental than have the well pulled, but that was not enough to make an agreement to reduce.

Judgment affirmed.

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Pee Cubiam,

While it is true that the plaintiff admitted that he had offered to reduce the rental $50.00 per annum, it is also true that that offer was rejected by the defendant. The plaintiff denies that he agreed in any other way than this to make any reduction in the rental, and he especially denies' that he agreed “ to make it right,” or that he agreed in any general way to reduce the rental. This raised a disputed question of fact as to which the testimony was all verbal and therefore had to be submitted to the jury. The plaintiff admitted that he said he would rather reduce the rental than have the well pulled, but that was not enough to make an agreement to reduce.

Judgment affirmed.

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Bluebook (online)

35 A. 812, 178 Pa. 424, 1896 Pa. LEXIS 1187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclane-v-peoples-light-heat-co-pa-1896.