Maitland v. Wilcox
Supreme Court of Pennsylvania
Error to the District Court, for the county of Philadelphia. This was an action of assumpsit by John Maitland against Wilcox & Farren.
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Error to the District Court, for the county of Philadelphia. This was an action of assumpsit by John Maitland against Wilcox & Farren. The declaration contained three counts: 1. For the use and occupation of a certain messuage, &c., for three months, $120; and alleging a promise to pay the rent. 2. Reciting that on the 25th of December, 1847, in consideration that the plaintiff would demise to them a certain messuage, &e., for the term of seven years, payable quarterly, the defendants promised to pay the said rent, viz. $475 per annum. Averment that plaintiff did on the said 25th of December,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
In one of the counts, the plaintiff claims for use *234and occupation, and in the others, to recover a stipulated rent upon an alleged lease. The parties, in contemplation of, a written lease, had adjusted the terms; but before the time appointed for executing the instrument arrived, the defendant gave notice that he would not take the premises. An arrangement of terms, in contemplation of a written contract, is not a perfect agreement upon which an action can be maintained. To produce this effect, it must be shown, by the acts or declarations of…
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- Wilson v. Pennsy Coal Co.Supreme Court of Pennsylvania · 1920
- Reich v. Vegex, Inc.District Court, E.D. Pennsylvania · 1942
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