Pusey v. Sipps
Superior Court of Pennsylvania
Appeal, No. 170, Oct. T., 1913, by plaintiff, from judgment of C. P. Del. Co., March T., 1911, No. 59, on verdict for defendant in case of Fred Taylor Pusey v. George L. Sipps. Assumpsit for rent. Before Broomall, J. See Sipps v. Pusey, 49 Pa.
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Appeal, No. 170, Oct. T., 1913, by plaintiff, from judgment of C. P. Del. Co., March T., 1911, No. 59, on verdict for defendant in case of Fred Taylor Pusey v. George L. Sipps. Assumpsit for rent. Before Broomall, J. See Sipps v. Pusey, 49 Pa. Superior Ct. 326, The plaintiff’s statement was as follows: The plaintiff, Fred Taylor Pusey, claims to recover from the defendant, George L. Sipps, the sum of $504, with interest thereon as hereinafter set out, which amount is justly due and payable by the defendant to the plaintiff under the terms of a certain lease entered into, by and between said…
1Opinion of the Court
Opinion by
Rice, P. J.,
We are of opinion that this case was correctly decided, for the reasons given by the learned trial judge in overruling the plaintiff’s rule for a new trial and motion for judgment non obstante veredicto. What we shall say will be merely supplementary to his opinion.
Criticism is made of this clause of his opinion: “But this case was neither declared on nor tried as a case for damages for the breach which occurred prior to the forfeiture. It is set forth in the plaintiff’s statement as a claim for rent, qua rent, and the breaches alleged are the nonpayment of the…
2Cases cited3 opinions
- Wilson v. SaleSuperior Court of Pennsylvania · 1910
- Ross v. DysartSupreme Court of Pennsylvania · 1859
- Sipps v. PuseySuperior Court of Pennsylvania · 1912
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- Grakelow v. KidderSuperior Court of Pennsylvania · 1928
- Greco v. Woodlawn Furniture Co.Superior Court of Pennsylvania · 1930
- Markeim-Chalmers-Ludington, Inc. v. MeadSuperior Court of Pennsylvania · 1940
- Hollins' EstatePennsylvania Orphans' Court, Philadelphia County · 1937