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SCANLAN & SON v. SHERBINE

382 Pa. 376 (1955)

Walter J. Scanlan & Son v. Sherbine, Appellant.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

Clarence E. Davis, with him Davis & Davis, for appellant.

Alton A. McDonald, with him Myers & McDonald, for appellees.

Before STERN, C.J., JONES, BELL, CHIDSEY and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, June 27, 1955:

Defendant, Sherbine, appeals from judgment entered on the jury's verdict in an action of trespass brought by plaintiff, Walter J. Scanlan & Son, to recover for coal mined and roads destroyed by Sherbine on lands under lease to plaintiff. The defense was invalidity of plaintiff's lease by reason of fraud practiced by plaintiff upon the lessors in the procurement of the lease, and that Sherbine had a valid lease of the...

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