Owens v. Shovlin
Supreme Court of Pennsylvania
No. 386 January Term 1887, Sup. Ct.; Court below, No. 262 February Term 1885, C. P. The trial in the court below was on an appeal by Daniel Shovlin, the defendant in an action of trespass brought by John F. Owens before a justice of the peace.
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No. 386 January Term 1887, Sup. Ct.; Court below, No. 262 February Term 1885, C. P. The trial in the court below was on an appeal by Daniel Shovlin, the defendant in an action of trespass brought by John F. Owens before a justice of the peace. On March 19, 1884, Daniel Shovlin demised to John F. Owens a lot and dwelling in Wilkes-Barre for one year from April 1, 1884, at a rental of $185, payable $15 per month in advance The lease contained this provision : It is further agreed, that in case of removal, or attempt at removal, of said John F. Owens from said premises during the continuance of…
1Opinion of the Court
Opinion,
Mr. Justice Green :
There is no doubt that when Owens removed from the premises demised to him by Shovlin before the expiration of the term, the rent for the remainder of the term became immediately due and payable. This was so by force of the express provision of the lease. Not only did the remaining rent for the term become due and payable, but it was also “ collectible by distress or otherwise,” because the lease so declared. That such a contract is within the power of the parties to make was fully held in Grant and McLane’s Appeal, 44 Penn. St. 477, and Goodwin v. Sharkey, 80 Penn.…
2Cited by13 opinions
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