Scott v. Fuller
Supreme Court of Pennsylvania
Error to the Common Pleas-of Erie county. Jibizer Fuller demised to Charles Scott a certain messuage and tract of land, for the term of twelve days, “under the rent of taking care of the grain of Fuller on the place, and keeping out the cattle.” When the term was ended, Fuller applied to two justices* who issued their precept to the sheriff, commanding him to summon a jury, &c. in order to dispossess Scott.
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Error to the Common Pleas-of Erie county. Jibizer Fuller demised to Charles Scott a certain messuage and tract of land, for the term of twelve days, “under the rent of taking care of the grain of Fuller on the place, and keeping out the cattle.” When the term was ended, Fuller applied to two justices* who issued their precept to the sheriff, commanding him to summon a jury, &c. in order to dispossess Scott. By this proceeding, under the “Landlord and Tenant act,” Scott was dispossessed. He procured a certiorari to issue out of the Common Pleas, to remove the record, and assigned as an error…
1Opinion of the Court
The opinion of tire court was delivered by
Gibson, C. J.
It is certainly true, as argued for the defendant in error, that the rent need not be reserved in words which define its quantity, quality, and duration; but that it is within the terms of the act when it is susceptible of such certainty from extrinsic matters, as to enable the landlord to recover it. Where the con*56tract affords reciprocal remedies, there can be little difficulty in' pronouncing on the relation created by it; and this, as- was intimated in Blashford v. Duncan, is all that the legislature' intended to1 require. And this…
2Cases cited1 opinion
- Sherman v. KitsmillerSupreme Court of Pennsylvania · 1827