Mattocks & Bemus v. Cullum
Supreme Court of Pennsylvania
In error from the Common Pleas of Crawford county. Sept. 28. This was an action of replevin, brought by Cullum, for a distress for the rent accruing on the third year of a lease to Lockart, of whom he was the assignee. The question was, whether the rent was applicable to the repairs under the covenant in the lease. It was a demise for ten years, at a rent of $500 for the first, and $1050 for each subsequent year.
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In error from the Common Pleas of Crawford county. Sept. 28. This was an action of replevin, brought by Cullum, for a distress for the rent accruing on the third year of a lease to Lockart, of whom he was the assignee. The question was, whether the rent was applicable to the repairs under the covenant in the lease. It was a demise for ten years, at a rent of $500 for the first, and $1050 for each subsequent year. The clause in question was as follows : “ Said Loekart (the lessee) to put mills and face in complete order for running, and keep a correct account of the same, which is to apply…
1Opinion of the CourtRogers, J.
The material parts of the covenant on which the question turns, are these: Bemus agrees to rent to a person of the name of Loekart, a certain tract of land, with a mill-house and appurtenances thereunto appertaining, for the term of ten years; he, Bemus, to be at the expense of putting the mill in complete operation. In consideration whereof, Loekart agrees to pay to Bemus, for the first year $500, and $1050 annually there*456after. Lockart agrees to put the mill and race in complete order for running, and keep a correct account of the same, to be applied to payment of rent the second year, and…
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