Comfort v. Duncan
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of trover brought to recover damages for the conversion of a quantity of wheat and rye, and wheat and rye straw. The plaintiff entered into possession of a certain farm in Philadelphia county, the property of the defendant, in the spring of 1831, and left the premises in the fall of 1833. He received a winter crop, which was in the ground when he entered.
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THIS was an action of trover brought to recover damages for the conversion of a quantity of wheat and rye, and wheat and rye straw. The plaintiff entered into possession of a certain farm in Philadelphia county, the property of the defendant, in the spring of 1831, and left the premises in the fall of 1833. He received a winter crop, which was in the ground when he entered. The terms of the lease appeared in a letter from the defendant to the plaintiff, in the following words: “ Carlisle, March 20th, 1830. “ Dear Sir, — I received your letter this morning. Although you have not convinced me…
1Opinion of the Court
The opinion of the Court was delivered by
Pettit, President
(after stating the facts). — -1. The common law *231doctrine laid down by Littleton, sect. 68, by which a tenant, for years, knowing the certainty of his term, has no right to the crop of grain sown by him during the lease, and coming to maturity after its expiration, has been modified by a general custom in Pennsylvania, that where a lease commences in the spring of one year, and ends in the spring of another, and the tenant did not receive a crop at the commencement of the lease, he shall have the crop of winter grain sown by him the…
2Cases cited1 opinion
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- Bowser Et Ux. v. Patton Et Ux.Superior Court of Pennsylvania · 1947
- Foster v. RobinsonOhio Supreme Court · 1856