Kunckle v. Wynick
Supreme Court of the United States
Covenant. The argument arose upon the following ease stated for the opinion of the court : “ John Kunckle, on the 7th day of Oct. 1784, conveyed to Nicholas Wynick, in fee simple, a lot of ground *in the Northern Liberties of the city of Philadelphia, reserving a rent-[*306 charge of forty dollars per annum, payable on the first day of October annually.
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Covenant. The argument arose upon the following ease stated for the opinion of the court : “ John Kunckle, on the 7th day of Oct. 1784, conveyed to Nicholas Wynick, in fee simple, a lot of ground *in the Northern Liberties of the city of Philadelphia, reserving a rent-[*306 charge of forty dollars per annum, payable on the first day of October annually. Before any rent was due, Nicholas Wynick, on the 15th of July 1785, assigned and conveyed all his interest in the premises to Henry Myers. The plaintiff accepted one year’s rent of the assignee. The question is, whether he can recover in the…
1Opinion of the Court
Shippen, President.
The question in this case is, whether on a ground-rent deed, wherein there is. an express covenant on the part of the lessee for payment of the rent, and he assigns over the premises, and the lessor accepts rent from the assignee, an action of covenant will lie for the lessor against the lessee, for the subsequent rent.
The distinction between actions of debt and actions of covenant in this case, is too well established to be now unsettled. The action of debt lies upon the privity of estate, which is utterly extinguished between the lessor and lessee, by the lessor’s…
2Cases cited2 opinions
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