Darlington v. DeWald
Supreme Court of Pennsylvania
Appeal, No. 79, Oct. T., 1899, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1897, No. 128on verdict for plaintiff. Assumpsit to recover costs of repairs to leased premises.
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Appeal, No. 79, Oct. T., 1899, by defendants, from judgment of C. P. No. 1, Allegheny Co., June T., 1897, No. 128on verdict for plaintiff. Assumpsit to recover costs of repairs to leased premises. Before Stowe, P. J. The court charged in part as follows: [As you are well aware, the plaintiff leased the premises in question to the defendants for the term of five years; one provision of the lease- was that, at the termination of the lease, they should return the property to the plaintiff in as good condition as they found it, ordinary wear and tear excepted. Well, of course, that provision of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The amount of the verdict in this case, being about one seventh of the whole amount claimed by the plaintiff in his statement and by his testimony, proves that the jury allowed the plaintiff what they found, under the charge of the court, to be the cost of making those repairs to the property which it was the duty of the defendants to make, but which the plaintiff made in consequence of the default of the defendants to do so. There was a large amount of testimony as to what was done, and the character of what was done, by both the plaintiff and the defendants, on…
2Cases cited1 opinion
- Watriss v. First National BankMassachusetts Supreme Judicial Court · 1881
3Cited by7 opinions
- Brinton v. School Dist. of Shenango Twp.Superior Court of Pennsylvania · 1923
- Fayette R. Plumb, Inc. v. Cooper Industries, Inc.District Court, E.D. Pennsylvania · 1984
- Gandy v. KlawSupreme Court of Pennsylvania · 1921
- Kennedy v. Loose-Wiles Biscuit Co.Superior Court of Pennsylvania · 1928
- Giordano v. Brandywine Mushroom Corp., Pennsylvania Court of Common Pleas, Chester County1963
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