Earle v. Arbogast
Supreme Court of Pennsylvania
Appeal, No. 492, Jan. T., 1896, by plaintiff, from judgment of C. P. Lehigb Co., June T., 1895, No. 25, on verdict for defendants. Trespass by lessor to recover damages from lessees for injuries to buildings while in their possession under the lease.
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Appeal, No. 492, Jan. T., 1896, by plaintiff, from judgment of C. P. Lehigb Co., June T., 1895, No. 25, on verdict for defendants. Trespass by lessor to recover damages from lessees for injuries to buildings while in their possession under the lease. Before Albright, P. J. At the trial it appeared that the premises in question had been leased by the plaintiff to the defendants by parol for one year, with no agreement to repair or to deliver the premises in good order and condition at the end of the term. The property had been used by the lessor as a soap factory, and this use was continued by…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Generally in the absence of an express covenant on the sub*417ject the law implies a covenant on the part of the lessee so to treat the demised premises that they may revert to the lessor unimpaired except by usual wear and tear, and uninjured by any wilful or negligent act of the lessee. The implied covenant does not however extend to the loss of buildings by fire, flood or tempest, or enemies, which it was not in the power of the lessee to prevent, and there is no implied covenant that the lessee shall restore buildings which have been destroyed by accident without…
2Cases cited2 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Long v. FitzimmonsSupreme Court of Pennsylvania · 1841
3Cited by19 opinions
- Versatile Metals, Inc. v. Union Corp.District Court, E.D. Pennsylvania · 1988
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- McMahen v. WhiteSuperior Court of Pennsylvania · 1906
- United States Gypsum Co. v. Schiavo Bros., Inc.District Court, E.D. Pennsylvania · 1978
- Dehn v. S. Brand Coal & Oil Co.Supreme Court of Minnesota · 1954
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