Hochman v. Kuebler
Superior Court of Pennsylvania
Appeal, No. 91, Oct. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., July T., 1911, No. 8, on verdict for plaintiff in case of Isaac B. Hochman v. William J. Kuebler et ah, trading as W. Kuebler’s Sons. Assumpsit for rent. Before Staples, P. J., specially presiding. At the trial it appeared that on November 24, 1909, Joseph A. Buettner leased a property in Easton to A. J. Ulmer for a term of three years.
Read the full summary
Appeal, No. 91, Oct. T., 1912, by plaintiff, from judgment of C. P. Northampton Co., July T., 1911, No. 8, on verdict for plaintiff in case of Isaac B. Hochman v. William J. Kuebler et ah, trading as W. Kuebler’s Sons. Assumpsit for rent. Before Staples, P. J., specially presiding. At the trial it appeared that on November 24, 1909, Joseph A. Buettner leased a property in Easton to A. J. Ulmer for a term of three years. W. Kuebler Sons, the defendants, became sureties for the rent. On December 24, 1910, the plaintiff, Isaac B. Hochman, purchased the premises from Buettner. The plaintiff found…
1Opinion of the Court
Opinion by
Head, J.,
When the defendant voluntarily abandoned the demised premises during the term, as he himself declares he did, he of course did not relieve himself or his sureties from the obligation to perform the covenant to pay rent. That liability could be discharged only by the act of the landlord, either in accepting a surrender of the lease or doing some act which had the legal effect of an *485eviction. The present action was for the recovery of rent reserved in the lease. The defendants, the sureties of the tenant, make defense on both of the grounds indicated.
It has uniformly been…
2Cases cited7 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Breuckmann v. TwibillSupreme Court of Pennsylvania · 1879
- Gardiner v. BairSuperior Court of Pennsylvania · 1899
- Smucker v. GrinbergSuperior Court of Pennsylvania · 1905
- Hastings v. BurchfieldSuperior Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Superior Court of Pennsylvania · 1996
- Plummer v. WilsonSupreme Court of Pennsylvania · 1936
- Homart Development Co. v. SgrenciSuperior Court of Pennsylvania · 1995
- Kahn v. Bancamerica-Blair Corp.Supreme Court of Pennsylvania · 1937
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
7 more not listed; retrieve them via the Exa API.