Kapp v. Shields
Superior Court of Pennsylvania
Appeal, No. 104, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 516, on verdict for plaintiff in case of Maurice Kapp v. John Shields. Assumpsit for rent against a surety in a lease.
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Appeal, No. 104, April T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1898, No. 516, on verdict for plaintiff in case of Maurice Kapp v. John Shields. Assumpsit for rent against a surety in a lease. Before Shafer, J. At the trial the defendant claimed that the matter was res adjudicata by reason of a judgment recovered at September term, 1895, No. 488. There was also evidence that the plaintiff’s agent, McKery, had promised as an inducement to the tenant to sign the lease that the landlord would put in a bathroom, build a kitchen, paper the house, put in…
1Opinion of the Court
Opinion by
William W. Porter, J.,
In December, 1894, the plaintiff leased, by writing, a house to one Quinn. The defendant became surety for the rent. Quinn went into possession in January, 1895. Suit was brought against the surety for rent in arrear for the months of March, *528April, May and June. Defense was made and a verdict rendered for the plaintiff for about one half of his claim.
The present suit is for rent due from July 1, 1895, to the expiration of the lease, (a period of about two and a'half years), during which time the tenant was not in possession. By agreement of the parties, credit…
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