Auer v. Penn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 208. Covenant upon a lease by Joseph Penn, landlord, against John Auer, the surety for the payment of rent by Jacob Brown, tenant. The lease was dated October 15th 1875, and was for a term of five years from date, the rent being payable monthly.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 208. Covenant upon a lease by Joseph Penn, landlord, against John Auer, the surety for the payment of rent by Jacob Brown, tenant. The lease was dated October 15th 1875, and was for a term of five years from date, the rent being payable monthly. The plaintiff filed a copy of the lease and a statement of claim, in which latter was one item for “difference between rent agreed to be paid and rent obtained.” The defendant, who was surety for the tenant, filed an affidavit of defence, in which he averred…
1Opinion of the CourtJustice Mercur
This was an action by a landlord against the surety of his ten*446ant for the recovery of rent. The lease was for a term of five years, payable in monthly instalments. The affidavit of defence averred the tenant occupied the premises for about one year, and then he went to the landlord and delivered to him possession of the premises, which the latter agreed to take and did take, and released the tenant and the affiant as security. In the supplemental affidavit it is averred substantially, that said surrender and release were made before the rent fell due, which is now claimed, and before 'the…
2Cases cited1 opinion
- Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Davis v. Investment Land Co.Supreme Court of Pennsylvania · 1929
- Rafferty v. KleinSupreme Court of Pennsylvania · 1917
- Brownfield's Executors v. BrownfieldSupreme Court of Pennsylvania · 1892
- Rohbock v. McCargoSuperior Court of Pennsylvania · 1897
- Crane Iron Works v. Emanuel Slag Co., Pennsylvania Court of Common Pleas, Northampton County1928