Steel v. Frick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: No 90, to October term 1866. This was an action of covenant, commenced April 6th 1863, by David Z. Frick against James Steel, and was founded on an article of agreement dated January 8th 1862, by which “ Steel agrees to let the said Frick farm his part of the Warden farm, now in the occupancy of James D. Porter, for the term of one year, commencing on the 1st-day of April next — the said Frick to put one field in…
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Error to the Court of Common Pleas of Westmoreland county: No 90, to October term 1866. This was an action of covenant, commenced April 6th 1863, by David Z. Frick against James Steel, and was founded on an article of agreement dated January 8th 1862, by which “ Steel agrees to let the said Frick farm his part of the Warden farm, now in the occupancy of James D. Porter, for the term of one year, commencing on the 1st-day of April next — the said Frick to put one field in corn, and work it sufficiently well, and to put the cornstalk field out in oats in the spring in good time and order, and…
1Opinion of the Court
The opinion of the court was delivered, November 18th 1867, by
Thompson, J.
If the agreement between the plaintiff and defendant in this case, is to be regarded as a lease of the premises, it would pass the possession of the buildings on it to the lessee. It would necessarily be a covenant for quiet enjoyment. The instrument is very inartificial, but we think it contains all the elements of a lease.
It sets out by a stipulation, that “ Steel agrees to let Erick farm his part of the Warden farm, now in the possession of James D. Porter.” This is a letting to farm by equivalent words to these, “…
2Cases cited3 opinions
- Fry v. JonesSupreme Court of Pennsylvania · 1829
- Rinehart v. OlwineSupreme Court of Pennsylvania · 1843
- Jones v. GundrimSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- McCormick v. Skiles & FreySupreme Court of Pennsylvania · 1894
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- De Jarnette v. Tennessee Gas Transmission Co.District Court, E.D. Kentucky · 1958
- King v. BossermanSuperior Court of Pennsylvania · 1900
- Panagos v. PlackSupreme Court of Pennsylvania · 1923
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