Tiley v. Moyers
Supreme Court of Pennsylvania
Error to the Common Pleas of Cambria county. These were actions of covenant, five in number, brought in the court below to March, June, September, and December Terms, by Michael Moyers and Elizabeth Moyers, for use, &c., against William Tiley, Sr. The articles of agreement on which suit was brought contained, among others, the following covenant:— “ The said Moyers, of the first part, doth agree to grant, lease, and demise unto the said Tiley their coal-bank and the…
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Error to the Common Pleas of Cambria county. These were actions of covenant, five in number, brought in the court below to March, June, September, and December Terms, by Michael Moyers and Elizabeth Moyers, for use, &c., against William Tiley, Sr. The articles of agreement on which suit was brought contained, among others, the following covenant:— “ The said Moyers, of the first part, doth agree to grant, lease, and demise unto the said Tiley their coal-bank and the appurtenances thereunto belonging, together with the privilege of timber for use of coal-bank, for and during the term and space…
1Opinion of the Court
The opinion of the court was delivered at Pittsburgh, by
Woodward, J.
Eviction, such as will suspend rent, is more than a mere trespass by the lessor, or-a breach, in any other form, of the implied covenant for quiet enjoyment; it is an actual expulsion of the lessee out of all or some part of the demised premises. Rent is an equivalent or consideration of a demise, and it is impossible that the rent should last longer than the demise. It is the plain dictate of common sense that a lessor shall not exact his rent whilst he holds the tenant out of possession. But this is suspension, not…
2Cited by9 opinions
- Kahn v. Bancamerica-Blair Corp.Supreme Court of Pennsylvania · 1937
- Oakford v. NixonSupreme Court of Pennsylvania · 1896
- Von Baumbach v. Sargent Land Co.Court of Appeals for the Eighth Circuit · 1914
- Boyle v. Coleraine Colliery Co.Supreme Court of Pennsylvania · 1936
- In Re TulioUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
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