Smith v. Harvey
Superior Court of Pennsylvania
Appeal, No. 76, Nov. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1894, No. 195, on verdict for plaintiff. Assumpsit to recover rent. The action was to recover the sum of 1208.33, with interest, being the amount of five months’ rent, reserved by a lease of premises in Delaware county.
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Appeal, No. 76, Nov. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1894, No. 195, on verdict for plaintiff. Assumpsit to recover rent. The action was to recover the sum of 1208.33, with interest, being the amount of five months’ rent, reserved by a lease of premises in Delaware county. The defense was that after defendant moved into the house the water supply was found insufficient and defendant’s testimony, which was contradicted by the plaintiff, tended to show that at the time the lease was prepared defendant refused to sign it on the ground that there was no…
1Opinion of the Court
Opinion by
Smith, J.,
The several assignments of error in this case raise but one question: Was the testimony in support of the alleged parol contract for the supply of water on the demised premises sufficient to require its submission to the jury ?
This suit was brought to recover rent for a tenement demised to the appellant, and which he alleges the subtenant was obliged to vacate during the term, because of the insufficiency of the water supply. On the trial in the court below the defendant and other witnesses testified that there was not enough water on the premises for ordinary household…
2Cases cited3 opinions
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
3Cited by4 opinions
- Wood v. CarsonSupreme Court of Pennsylvania · 1917
- Zentmyer v. ZentmyerSuperior Court of Pennsylvania · 1918
- Chicago Cottage Organ Co. v. McManigalSuperior Court of Pennsylvania · 1898
- Lee ex rel. Walker v. SalladaSuperior Court of Pennsylvania · 1898