Obermyer v. Nichols
Supreme Court of Pennsylvania
IN ERROR. THIS was an action of covenant in the Common Pleas of Franklin county, by Nichols against Ohermy er. The breach laid in the declaration was the non-payment of rent; and the defendant pleaded non infregit conventionem, with * ^ w leave to give the special matter in evidence.
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IN ERROR. THIS was an action of covenant in the Common Pleas of Franklin county, by Nichols against Ohermy er. The breach laid in the declaration was the non-payment of rent; and the defendant pleaded non infregit conventionem, with * ^ w leave to give the special matter in evidence. On the trial of the cause, the plaintiff gave in evidence certain articles of agreement under seal between him and the defendant, dated the 13th of March 1807, of the • mg’ import: Bv these articles, Nichols, in consideration of the rents J ' J , ; . and covenants to be paid and performed by ObermyeTy leased to…
1Opinion of the Court
This day the judges delivered their opinions seriatim.
Tilghman C. J.
This cause comes'before us on a bill of exceptions, to the charge of the President of the Court of Common Pleas of Franklin county.
Two exceptions are taken to this charge: 1» That the. Court ought to have left it to the jury to decide, whether the matters not performed by the plaintiff were so essential, that the non-performance of them bars his recovery. 2. That the jury ought not to have been left at liberty to give interest on the rent.
1. The construction of writings is the province of the Court. It was therefore for the…
2Cases cited4 opinions
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Crawford v. WillingSupreme Court of the United States · 1803
- Clark v. BarlowNew York Supreme Court · 1809
- Todd v. ThompsonSupreme Court of the United States · 1790
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