Ford Chain Block & Manufacturing Co. v. Hess's Estate
Superior Court of Pennsylvania
Appeal, No. 100, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1912, No. 2,115, sustaining demurrer to statement in case of Ford Chain Block and Manufacturing Company v. Estate of David M'. Hess, deceased, and Maurice Levy, Constable. Replevin to recover goods taken under distress of rent.
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Appeal, No. 100, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1912, No. 2,115, sustaining demurrer to statement in case of Ford Chain Block and Manufacturing Company v. Estate of David M'. Hess, deceased, and Maurice Levy, Constable. Replevin to recover goods taken under distress of rent. The statement of claim contained, inter alia, the following averment: Plaintiff by defendant, “Estate of David M. Hess,” was induced under the conditions hereinafter set out to sign a written lease or agreement (copy of which is hereto attached and made • part of this…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff issued a writ of replevin to recover the goods taken on a distress for rent. The execution of the lease was not denied nor that by its terms an installment of rent was due. The tenant denied liability, however, because as alleged in its statement filed the lease was signed by the plaintiff upon the assurances and representations of the lessor that the roof of the demised premises which was not water-tight would be repaired; that repairs were not made as promised and that the property of the defendant in the building was damaged to the amount of $175…
2Cases cited2 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- Spencer v. ClinefelterSupreme Court of Pennsylvania · 1882
3Cited by2 opinions
- Bentz v. BarclaySupreme Court of Pennsylvania · 1928
- Fedel v. Miller, Pennsylvania Court of Common Pleas, Jefferson County1922