Freiler v. Kear
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF SCHUYLKILL COUNTY. No. 249 January Term 1889, Sup. Ct.; court below, No. 100 January Term 1885. C. P. On December 1, 1884, Daniel Freiler and Barbara Freiler, his wife, in right of said Barbara, brought case against F. G. Kear and Daniel Freiler, trading as F. G. Kear & Co. The summons was returned duly served on both defendants.
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ERROR TO THE COURT OE COMMON PLEAS OF SCHUYLKILL COUNTY. No. 249 January Term 1889, Sup. Ct.; court below, No. 100 January Term 1885. C. P. On December 1, 1884, Daniel Freiler and Barbara Freiler, his wife, in right of said Barbara, brought case against F. G. Kear and Daniel Freiler, trading as F. G. Kear & Co. The summons was returned duly served on both defendants. A declaration having been filed, defendant Kear pleaded, “ nonassumpsit, payment, and payment with leave,” etc. No other plea, either in abatement or in bar, was filed. Defendant Freiler did not appear, nor plead. At the trial on…
1Opinion of the Court
Opinion,
Mr. Justice McCollum :
Barbara Freiler, wife of Daniel Freiler, leased a brewery building with the appurtenances and fixtures to F. G. Kear and Daniel Freiler, partners under the firm name of F. G. Kear & Co., upon their agreement to pay her an annual rent of $800, keep the premises in good repair, use the same in a proper manner during the tenancy, and at the end of it deliver to her the premises and fixtures in the same condition they were in when taken, “ natural wear and tear only excepted.” When the tenancy was determined by the act of the parties, she complained *475that tlie lessees…
2Cases cited10 opinions
- Miller v. MillerSupreme Court of Pennsylvania · 1863
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
- Marsteller v. MarstellerSupreme Court of Pennsylvania · 1880
- Ritter v. RitterSupreme Court of Pennsylvania · 1858
- Lahr's AppealSupreme Court of Pennsylvania · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re HeidnikSupreme Court of Pennsylvania · 1998
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Meade v. ClarkeSupreme Court of Pennsylvania · 1893
- Freiler v. Kear, Pennsylvania Court of Common Pleas, Schuylkill County1890
- Freiler v. KearSupreme Court of Pennsylvania · 1890
1 more not listed; retrieve them via the Exa API.