Burgwin v. Bishop
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 45. Covenant upon a lease by B. Bishop against Hill Burgwin and C. B. Davis, executors of E. N. Davis, deceased.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 45. Covenant upon a lease by B. Bishop against Hill Burgwin and C. B. Davis, executors of E. N. Davis, deceased. The lease in question was dated December 15th 1862, from Eliza N. Davis to Bishop, for a warehouse in Pittsburgh, for two years and three months from January 1st 1863, with the privilege to the lessee of three years additional, at the annual rent of $300. The breach of covenant alleged was that the lessor, Mrs. Davis, did not allow the lessee to have and enjoy the premises for the…
1Opinion of the CourtJustice Sterrett
The subject of complaint in the first assignment of error is that the plaintiff below was permitted to give in evidence the lease, on which his action was based, without any explanation of the material alteration apparent on its face.
Among other covenants on the part of the lessee, the lease, as originally written, contained the following: “Also to keep the water-pipes and hydrant, &c., in good repair.” These words were evidently erased by drawing a pen several times over them, and *338thus striking out one of the covenants of the lessee. The erasure was not noted in the attestation clause, nor…
2Cited by2 opinions
- Murtland v. EnglishSupreme Court of Pennsylvania · 1906
- Commonwealth v. BearySuperior Court of Pennsylvania · 1899