Dyer v. Wightman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. ‘ 154, to October and November Term 1869. This was an action of debt for $80, two years’ rent, brought to September Term 1868, by Samuel Dyer against Hugh Wightman. The defence was that the premises had been appropriated by the Western Pennsylvania Railroad Company.
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Error to the Court of Common Pleas of Allegheny county: No. ‘ 154, to October and November Term 1869. This was an action of debt for $80, two years’ rent, brought to September Term 1868, by Samuel Dyer against Hugh Wightman. The defence was that the premises had been appropriated by the Western Pennsylvania Railroad Company. The case was tried before Mellon, J. The defendant gave in evidence a lease dated April 1st 1863, from Martha M. Smith to plaintiff, for a lot of ground in Allegheny City, bounded by the Pennsylvania Canal on the one side .and Washington street on the other, and lying…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— If the court below had been a court of law merely it would not be easy to answer the positions of the plain*427tiff or to resist the conclusion to which they logically lead. It is incontrovertible that nothing but a surrender, a release or an eviction can, in whole or in part, absolve the tenant from the obligation of his covenant to pay the rent: Fisher v. Milliken, 8 Barr 111. Thus if the premises have been wrongfully entered by a disseisor, and the tenant dispossessed for the entire term or even by the military force of…
2Cases cited3 opinions
- Folts v. HuntleyNew York Supreme Court · 1831
- Frost v. EarnestSupreme Court of Pennsylvania · 1839
- Demarest v. McKeeSupreme Court of Pennsylvania · 1859
3Cited by11 opinions
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Commonwealth v. United States Fidelity & Guaranty Co.Supreme Court of Pennsylvania · 1934
- Uhler v. CowenSupreme Court of Pennsylvania · 1901
- Dixon v. BreonSuperior Court of Pennsylvania · 1903
- Uhler v. CowenSupreme Court of Pennsylvania · 1899
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