Legal Opinion

Pickering v. Breen

Superior Court of Pennsylvania

Decided June 30, 1906No. Appeal, No. 52PublishedCited by 1 opinion

Appeal, No. 52, April T., 1906, by plaintiff, from judgment of C. P. No. 1, Allegheny Go., Dec. T., 1900, No. 356, on verdict for defendant in case of M. H. Pickering v. F. J. Breen, The Knoxville Land Improvement Co., and Mathew Best. Replevin for household furniture. Before Brown, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 52, April T., 1906, by plaintiff, from judgment of C. P. No. 1, Allegheny Go., Dec. T., 1900, No. 356, on verdict for defendant in case of M. H. Pickering v. F. J. Breen, The Knoxville Land Improvement Co., and Mathew Best. Replevin for household furniture. Before Brown, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [The suit arises on an action of replevin to recover goods leased by M. H. Pickering to F. J. Breen, a tenant of the Knoxville Land Improvement Company, and by the latter company seized, upon a landlord’s warrant,…

1Opinion of the Court

Opinion by

Oblady, J.,

Francis J. Breen, by an article of agreement dated September 11, 1900, became the tenant of certain described premises in Knoxville borough from October 1,1900, to March 31,1901, at a monthly rental of $20.00, due and payable on the first day of each month after October 1, 1900. By consent of the landlord, he was permitted to take immediate possession of the premises, before the beginning of the term. The lease contained a provision that “ should the aforesaid rent or any part thereof remain unpaid after the same shall be due and payable, the whole amount of rent for the…

2Cases cited4 opinions

  1. Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
  2. Owens v. ShovlinSupreme Court of Pennsylvania · 1887
  3. Myers v. EserySupreme Court of Pennsylvania · 1890
  4. Ball v. PennSuperior Court of Pennsylvania · 1899

3Cited by1 opinion

  1. Derbyshire Bros. v. McManamySuperior Court of Pennsylvania · 1930

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