Hoeveler v. Fleming & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 146. Debt by Elizabeth Hoeveler against William Fleming & Co., to recover a quarter’s rent. In April 1873, the plaintiff demised to the defendants for the term of five years, the rent payable quarterly, a building in the city of Pittsburgh. The lease contained the usual covenants.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 146. Debt by Elizabeth Hoeveler against William Fleming & Co., to recover a quarter’s rent. In April 1873, the plaintiff demised to the defendants for the term of five years, the rent payable quarterly, a building in the city of Pittsburgh. The lease contained the usual covenants. The defendants agreed that they would make all alterations and repairs at their own cost, except such ordinary repairs as would make the building tenantable. They also covenanted to deliver up the premises at the…
1Opinion of the CourtJustice Paxson
It is settled by a current of authority that an eviction of a tenant by the landlord of demised premises suspends the rent. The reason of this rule is well stated by Baron Gilbert in his Treatise on Rents, at page 145: “A rent is something given by way of retribution to the lessor, for the land demised by him to the tenant, and consequently the lessor’s title to the rent is founded upon this: that the land demised is enjoyed by the tenant during the term included in the contract; for the tenant can make no return for a thing he has not. If, therefore, the tenant be deprived of the thing…
2Cited by18 opinions
- Kahn v. Bancamerica-Blair Corp.Supreme Court of Pennsylvania · 1937
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Oakford v. NixonSupreme Court of Pennsylvania · 1896
- Chelten Avenue Building Corp. v. MayerSupreme Court of Pennsylvania · 1934
- Adler v. SklaroffSuperior Court of Pennsylvania · 1943
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