Reeves v. McComeskey
Supreme Court of Pennsylvania
Appeal, No. 99, July T., 1894,.by defendant, from judgment of C. P. No. 8, Phila. Co., March T., 1893, No. 266, on verdict for plaintiff. Assumpsit for rent. Before Finletter, P. J. At the trial it appeared that on Jan. 18, 1882, John Mc-Closkey, agent for Mary Reeves, leased to John and Thomas McComeskey the premises 2416 Frankford Ave.
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Appeal, No. 99, July T., 1894,.by defendant, from judgment of C. P. No. 8, Phila. Co., March T., 1893, No. 266, on verdict for plaintiff. Assumpsit for rent. Before Finletter, P. J. At the trial it appeared that on Jan. 18, 1882, John Mc-Closkey, agent for Mary Reeves, leased to John and Thomas McComeskey the premises 2416 Frankford Ave. Thomas Mc-Comeskey continued to occupy the premises until Aug. 18, 1892, when he vacated the premises alleging that they were no longer habitable. During the trial defendant’s counsel made the following offers: Mr. Gorman: “I offer to prove that the premises…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The lessee’s first objection to the payment of the rent sued for is that the demised premises were not tenantable. It appears that he occupied them nine years and seven months, under a lease which bound him to keep them in good repair, and which he was at liberty to terminate at the end of any current year of the term on giving to the lessor thirty days’ previous notice of his intention to do so. If the untenantable condition of which he complains was caused by reasonable wear and tear he must have had notice of it in time to enable him to determine the lease in…
2Cases cited5 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Moore v. WeberSupreme Court of Pennsylvania · 1872
- Breuckmann v. TwibillSupreme Court of Pennsylvania · 1879
- Wheeler v. CrawfordSupreme Court of Pennsylvania · 1878
- De Morat v. FalkenhagenSupreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Levine v. McClenathanSupreme Court of Pennsylvania · 1914
- Davis v. PierceSuperior Court of Pennsylvania · 1913
- Hastings v. BurchfieldSuperior Court of Pennsylvania · 1905
- Redman Et Ux. v. Weeter Et Ux.Superior Court of Pennsylvania · 1925
- Shand v. McCloskeySuperior Court of Pennsylvania · 1905
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