Clark v. Lindsay
Superior Court of Pennsylvania
Appeal, No. 90, Oct. T., 1897, by defendant, from judgment of C. P. No. 8, Pbila. Co., Sept. T., 1895, No. 908, on verdict for plaintiff. Trespass. Before McMichael, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $850, Defendant appealed.
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Appeal, No. 90, Oct. T., 1897, by defendant, from judgment of C. P. No. 8, Pbila. Co., Sept. T., 1895, No. 908, on verdict for plaintiff. Trespass. Before McMichael, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $850, Defendant appealed. Errors assigned among others were (1, 2) In affirming plaintiff’s third and fifth points, which points are as follows: “ 3. As the reservation in the lease as it is produced is in general and indefinite terms, and, being the language of the lessor, must be taken most strongly against him; it must be…
1Opinion of the Court
Opinion by
Smith, J.,
The declaration in this case alleges that “ the plaintiff was lessee of a farm owned by the defendant upon which there was a comfortable dwelling house,” and that the defendant “by his servants and employees unlawfully took possession thereof, tore down partitions, defaced the walls, tore off a portion of the roof, and by various other means rendered the said premises uninhabitable, with comfort and safety, and prevented the plaintiff from having the use thereof,” for a period of three months. The defendant alleged a right to do this under the following provision of the…
2Cases cited6 opinions
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Hunter & Springer v. McHoseSupreme Court of Pennsylvania · 1882
- Renshaw v. GansSupreme Court of Pennsylvania · 1847
- Clark v. PartridgeSupreme Court of Pennsylvania · 1845
- Merriman's Execrs. v. BushSupreme Court of Pennsylvania · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hale v. HaleSuperior Court of Pennsylvania · 1906
- Hennessy v. AnstockSuperior Court of Pennsylvania · 1902
- Grumley v. Pellegrino, Pennsylvania Court of Common Pleas, Elk County1923
- Saul v. Kugelman, Pennsylvania Court of Common Pleas, Montgomery County1934