Legal Opinion

Moore v. Weber

Supreme Court of Pennsylvania

Decided May 16, 1872PublishedCited by 34 opinions

Error to the Court of Common Pleas of Lancaster county: No. 21, to May Term 1872. This was an action on the case commenced, February 18th 1869, by Peter Weber against John Gr. Moore.

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Error to the Court of Common Pleas of Lancaster county: No. 21, to May Term 1872. This was an action on the case commenced, February 18th 1869, by Peter Weber against John Gr. Moore. The declaration was as follows:— “ For that whereas the said plaintiff, before and at the time of the committing of the grievances hereinafter mentioned, was lawfully possessed of a certain building and premises, with the appertenances, situated on the east side of North Queen street, in the city of Lancaster, in which said building and on said premises the said plaintiff carried on the business of making and…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

This was an action on the case by a tenant against a landlord to recover damages for an alleged breach of duty in not guarantying to the plaintiff, from time to time, and at all times, peaceable and quiet possession and enjoyment without molestation or hindrance of the demised premises. There is undoubtedly in every demise an implied covenant of quiet and peaceable enjoyment — but not that the tenant shall be guarantied from all molestation or damage from the wrongful acts of strangers, having no right or title to the demised premises or…

2Cases cited1 opinion

  1. Long v. FitzimmonsSupreme Court of Pennsylvania · 1841

3Cited by34 opinions

  1. Pugh v. HolmesSupreme Court of Pennsylvania · 1979
  2. Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
  3. Adler v. MillerSupreme Court of Alabama · 1928
  4. Henze v. Texaco, Inc.Supreme Court of Pennsylvania · 1986
  5. Girard Trust Co. v. Tremblay Motor Co.Supreme Court of Pennsylvania · 1927

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