Legal Opinion
Burke v. Pierce
Court of Appeals for the Third Circuit
Decided October 29, 1897No. 33PublishedCited by 8 opinions
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This was an action at law by Walter, Prank, and James B. Pierce against Stevenson Burke, James Corrigan, and Price McKinney, trading as Corrigan, McKinney & Company, to recover damages for breach of a covenant to repair, contained in a lease. In the circuit court a judgment was given for plaintiffs, and the defendants sued out this, writ of error.
1Opinion of the Court
BUTLER, District Judge.
The suit is for damages for breach of covenant to repair, in a lease, which reads as follows:
“The said parties of the second part covenant and agree to keep the furnace, tools, machinery and other property hereby demised and let, in good order and repair during the continuance of this lease, and at its termination, whether by limitation of time or otherwise, to deliver the same to said parties of the first part in as good order and repair as the same now aré, ordinary wear and tear and accidents by fire, wind or lightning excepted. The provisions of this clause as to…
2Cases cited4 opinions
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
- Cooke v. EnglandCourt of Appeals of Maryland · 1867
- Watriss v. First National BankMassachusetts Supreme Judicial Court · 1881
3Cited by8 opinions
- State v. PetersonMontana Supreme Court · 1958
- Brinton v. School Dist. of Shenango Twp.Superior Court of Pennsylvania · 1923
- Kennedy v. Loose-Wiles Biscuit Co.Superior Court of Pennsylvania · 1928
- Peper v. St. Louis Brass Manufacturing Co.Missouri Court of Appeals · 1909
- Vertrees v. Tennessee Auto CorporationCourt of Appeals of Tennessee · 1927
3 more not listed; retrieve them via the Exa API.