Forrest v. Buchanan
Supreme Court of Pennsylvania
Appeal, No. 121, Jan. T., 1901, by plaintiffs, from order of C. P. Bradford Co., Dec. T., 1895, No. 147, refusing to take off nonsuit in case of M. A. Forrest and J. H. Chadwick v. E. E. Buchanan and D. W. Buchanan,' Executors of Eliza Buchanan. Assumpsit to recover damages by reason of a breach of covenant in a lease.
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Appeal, No. 121, Jan. T., 1901, by plaintiffs, from order of C. P. Bradford Co., Dec. T., 1895, No. 147, refusing to take off nonsuit in case of M. A. Forrest and J. H. Chadwick v. E. E. Buchanan and D. W. Buchanan,' Executors of Eliza Buchanan. Assumpsit to recover damages by reason of a breach of covenant in a lease. Before Fanning, P. J. At the trial it appeared that in May, 1888, the defendant’s testator leased to plaintiffs the Ward House, a hotel in the borough of Towanda. In the lease was the following covenant : “ And the said Eliza Buchanan will during the said term keep in good…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is an action by lessee against lessor to recover damages .for breach of covenant to “ keep in good repair the roofs upon the buildings demised.” At the close of the plaintiff’s case defendant moved for a nonsuit on the grounds that no breach had been shown, and that there was no evidence of damages. The nonsuit was properly granted on both grounds.
The evidence showed that the roof leaked frequently after a rain, but no refusal or neglect to repair. On the contrary the witnesses testified with substantial uniformity that repairs were made, in the language of…
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