Legal Opinion

Howard v. Murphy

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 5 opinions

Error to the Common Pleas of Schuylkill county. This was an action by Michael Murphy v. Howard, Earl, and Weaver, in business under the name of Howard, Earl & Co. The declaration contained two counts, one for the use and occupation of part of a house for one year from 1st April, 1851; and the second was on an agreement to pay $200 for the premises for the time above referred to.

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Error to the Common Pleas of Schuylkill county. This was an action by Michael Murphy v. Howard, Earl, and Weaver, in business under the name of Howard, Earl & Co. The declaration contained two counts, one for the use and occupation of part of a house for one year from 1st April, 1851; and the second was on an agreement to pay $200 for the premises for the time above referred to. In February, 1851, Rogers, Sinnickson & Co. occupied the premises under a lease from Murphy, the plaintiff. In that month they notified Murphy that they intended to leave the premises on the 1st of April following. To…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

The plaintiffs in error are to be considered as occupying under the lease with Murphy’s agent, for if they did not remain in the actual possession of the premises, they might have done so. They were not evicted or disturbed in their possession by any title paramount to Murphy’s, and if they turned themselves out, it was their own fault and no reason for refusing to pay the stipulated rent. A tenant cannot be compelled to occupy the premises he leases. If he chooses that they shall stand vacant, lfis will is law to himself, but let him not…

2Cases cited2 opinions

  1. Snowden v. WarderSupreme Court of Pennsylvania · 1831
  2. Gleim v. RiseSupreme Court of Pennsylvania · 1837

3Cited by5 opinions

  1. Farmers Deposit National Bank v. Western Pennsylvania Fuel Co.Supreme Court of Pennsylvania · 1906
  2. Ewing v. CottmanSuperior Court of Pennsylvania · 1899
  3. Friedman v. GoodmanCourt of Appeals of Georgia · 1966
  4. Gassner v. Pierce LlewellynSuperior Court of Pennsylvania · 1925
  5. Tichman v. Rubin, Pennsylvania Court of Common Pleas, Philadelphia County1932

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