Duff v. Wilson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 58, to October and November Term 1870. This was an action of assumpsit, brought to April Term 1864, by Samuel Duff against Samuel Wilson. The declaration averred that the plaintiff had leased certain property to one Smethers, that the defendant became bound for the covenants in the lease, and that the tenant had failed to pay the .rent.
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Error to the District Court of Allegheny county: No. 58, to October and November Term 1870. This was an action of assumpsit, brought to April Term 1864, by Samuel Duff against Samuel Wilson. The declaration averred that the plaintiff had leased certain property to one Smethers, that the defendant became bound for the covenants in the lease, and that the tenant had failed to pay the .rent. On the trial, February 15th 1870, before Kirkpatrick, J., the plaintiff gave in evidence articles of agreement, dated September 10 th 1859, between himself and Philip Smethers, by which he agreed to lease to…
1Opinion of the Court
The opinion of the court was delivered, October 16th 1871, by
Sharswood, J.
Philip Smethers, being the owner of .a tract of land in Clarion county, subject to a mortgage to Matilda Kifer, conveyed one undivided moiety thereof to Samuel Duff, clear of encumbrances. Duff then leased this moiety to Smethers for the term of hve years at a certain annual rent. The defendant below, Samuel Wilson, by a writing attached to or endorsed on the lease, became bound for the faithful performance of the covenants and agreements to be done and performed on the part of Smethers. This was an action by Duff…
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