Legal Opinion

Callen v. Hilty

Supreme Court of Pennsylvania

Decided October 14, 1850PublishedCited by 13 opinions

Error to the Common Pleas of Westmoreland county. This was a suit by Hilty vs. Callen. Hilty was Callen’s tenant, under an agreement in writing, in which Callen covenanted to find the boards, nails, and laths, for a house. Callen having furnished but part of the boards, and no nails or laths, Hilty brought this suit, and declared in covenant to recover damages from Gallen, the landlord, for non-performance of this stipulation.

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Error to the Common Pleas of Westmoreland county. This was a suit by Hilty vs. Callen. Hilty was Callen’s tenant, under an agreement in writing, in which Callen covenanted to find the boards, nails, and laths, for a house. Callen having furnished but part of the boards, and no nails or laths, Hilty brought this suit, and declared in covenant to recover damages from Gallen, the landlord, for non-performance of this stipulation. Defendant pleaded set-off, and, amongst other things, gave evidence of plaintiff’s having cut trees, and sold the timber off the land leased, and of his not having…

1Opinion of the Court

The opinion of the court was delivered, by

Coulter, J.

— A lease is properly a conveyance of any lands or tenements in consideration of rent or other annual recompense, though, doubtless, a return or recompense in gross would be sufficient. This conveyance is for life or for years, or at will; and during the continuance of the term, the tenant is entitled to the exclusive possession and enjoyment of the premises, so that he commits no waste. But the law, resulting from the relation of landlord and tenant, may be modified by the particular covenants in^the lease entered into by the parties; and…

2Cited by13 opinions

  1. McMillin v. TitusSupreme Court of Pennsylvania · 1909
  2. Schweitzer v. EvansSupreme Court of Pennsylvania · 1948
  3. Wiegand v. WiegandSupreme Court of Pennsylvania · 1944
  4. Disston EstateSupreme Court of Pennsylvania · 1944
  5. Commonwealth ex rel. Grossman v. GrossmanSuperior Court of Pennsylvania · 1958

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