McClurg v. Price & Sims
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 56, to October and November Term 1868. This was an action of assumpsit, commenced March 26th 1866, by W. T. McClurg against Mary C. Price and William H. Sims, trading as Price & Sims.
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Error to the District Court of Allegheny county: No. 56, to October and November Term 1868. This was an action of assumpsit, commenced March 26th 1866, by W. T. McClurg against Mary C. Price and William H. Sims, trading as Price & Sims. The first count of the declaration averred that the plaintiff, on the 15th day of April 1866, leased to the defendants a warehouse for seven and a half months, at the rate of $1500 per annum, payable quarterly, the first quarter to be computed from April 1st. The second count averred, that on the 20th of March the defendants were indebted to the plaintiff in…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by .
Williams, J.
The plaintiff’s retention of a part of the demised! premises, and his refusal to deliver possession thereof to the de-l fendants, on demand, in accordance with the terms of his verball lease, did not constitute an eviction in law. It is doubtless true that there may be an eviction without an actual physical expulsion ; but there can be no eviction, actual or constructive, without j an antecedent possession. If this case turned on the question of eviction, the plaintiff might be entitled to recover rent for the portion…
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