English v. Yates
Supreme Court of Pennsylvania
Appeal, No. 82, Jan. T., 1902, by-defendant, from order of C. P. No. 5, Phila. Co., Sept. T. No. 3210, making absolute rule for judgment for want of a sufficient affidavit of defense in case of W. Frank English v. Thaddeus N. Yates. Assumpsit against the surety of a tenant.
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Appeal, No. 82, Jan. T., 1902, by-defendant, from order of C. P. No. 5, Phila. Co., Sept. T. No. 3210, making absolute rule for judgment for want of a sufficient affidavit of defense in case of W. Frank English v. Thaddeus N. Yates. Assumpsit against the surety of a tenant. From the record it appeared that plaintiff, the owner of a hotel at Ocean City, New Jersey, rented it to Ella R. Curtis “ for the seasons of the years 1900 and 1902, that is to say, from April 1, 1901, to November 1,1902, at the rent or sum of $5,000, to be paid in instalments as follows, viz: the sum of $1,000 on July 25,…
1Opinion of the Court
Per Curiam,
It was decided in Wills v. Manufacturers’ Natural Gas Co., 130 Pa. 222 and Westmoreland, etc., Natural Gas Co. v. DeWitt, 130 Pa. 235, that a clause in a lease that it shall be null and void on failure of the lessee to pay rent or keep other covenants, is not self-operating so as to make the lease void ipso facto by the default, but being a provision for the benefit of the lessor may be enforced or waived at his option. These cases have been followed by many others down to Bartley v. Phillips, 179 Pa. 175.
It hardly required more then a glance at the reason of the thing to show the…
2Cases cited3 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Bartley v. PhillipsSupreme Court of Pennsylvania · 1897
3Cited by10 opinions
- Vito v. BirkelSupreme Court of Pennsylvania · 1904
- Bank of America National Trust & Savings Ass'n v. MooreCalifornia Court of Appeal · 1937
- Harrop v. LutzSuperior Court of Pennsylvania · 1913
- Gittlin v. SlovinacSuperior Court of Pennsylvania · 1928
- Steele v. MaherSuperior Court of Pennsylvania · 1909
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