Riegelman v. Focht
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 18 January Term 1886, C. P. On December 19, 1885, there was entered in the court below, by appeal from the judgment of a justice of the peace, an action brought by Benjamin Riegelman against Daniel Focht, upon an alleged contract to pay rent for certain premises in Lenhartsville, Berks county. The defendant pleaded, non-assumpsit.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 18 January Term 1886, C. P. On December 19, 1885, there was entered in the court below, by appeal from the judgment of a justice of the peace, an action brought by Benjamin Riegelman against Daniel Focht, upon an alleged contract to pay rent for certain premises in Lenhartsville, Berks county. The defendant pleaded, non-assumpsit. At tbe trial on September 22, 1890, tbe following facts were shown: In 1884, the plaintiff, the owner of a hotel property in Lenhartsville, rented it by…
1Opinion of the Court
Opinion,
Mr. Justice Green:
In any aspect of the testimony in this case, the promise upon which the suit was brought was a verbal promise to pay the debt of another, and therefore void under the statute of frauds.
The original letting of the premises in question was admittedly made by the plaintiff to James S. Focht. Daniel Focht, the defendant, was in no sense a party to that contract. The letting was for one year, and under it James S. Focht moved into the house, and continued to live there until the end of the term. JFIe paid part of the rent, $75, and it is not claimed by the plaintiff, nor…
2Cases cited2 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Merriman v. McManusSupreme Court of Pennsylvania · 1883
3Cited by3 opinions
- Gable v. GraybillSuperior Court of Pennsylvania · 1895
- Karwoski v. Berks County Poor District, Pennsylvania Court of Common Pleas, Berks County1935
- Rancil v. KrohneSuperior Court of Pennsylvania · 1906