Bussman v. Ganster
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 135, to October and November Term 1871. This was an action of covenant, commenced September 2d 1870, by Joseph Ganster against Frank H. Bussman, Henry Rahe and John Rahe, partners as Bussman, Rahe & Co. The plaintiff’s affidavit of claim was: that the defendants “ are justly indebted to affiant in the sum of $133.33, with interest from September 1st 1870; the same being two months’ rent, to wit, the months of July and…
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Error to the District Court of Allegheny county: No. 135, to October and November Term 1871. This was an action of covenant, commenced September 2d 1870, by Joseph Ganster against Frank H. Bussman, Henry Rahe and John Rahe, partners as Bussman, Rahe & Co. The plaintiff’s affidavit of claim was: that the defendants “ are justly indebted to affiant in the sum of $133.33, with interest from September 1st 1870; the same being two months’ rent, to wit, the months of July and August 1870, of a lot of ground 24 feet by 68 or 70 feet, situate in East Liberty, &c., which this affiant, on the 9th day…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It has not been and cannot be controverted that if the instrument of writing, a copy of which was filed ,in the court below, was a lease of the land with the building erected thereon, and contained an express covenant to pay the rent, the destruction of the building by fire, even though the lessor had insured the building and had received the insurance-money thereon, constituted no defence, either in law or equity, to an action of covenant to recover the stipulated rent; Pollard v. Shaaffer, 1 Dall. 210; Magaw v. Lambert, 3 Barr 444;…
2Cases cited2 opinions
- Pollard v. ShafferSupreme Court of the United States · 1787
- Bond v. AitkinSupreme Court of Pennsylvania · 1843
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- Schweitzer v. EvansSupreme Court of Pennsylvania · 1948
- Gluck v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895
- Lopez v. GukenbackSupreme Court of Pennsylvania · 1958
- Girard Trust Co. v. Tremblay Motor Co.Supreme Court of Pennsylvania · 1927
- Morrisville Shopping Center, Inc. v. Sun Ray Drug Co.Supreme Court of Pennsylvania · 1955
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