Loughlin v. Carey
Superior Court of Pennsylvania
Appeal, No. 28, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 1, Sept. T., 1897, on verdict for plaintiff in case of Henry C. Loughlin, Trustee of Sarah Kopp, Deceased, v. Lawrence J. Carey. . Assumpsit for rent and for damages for breach of covenant of a lease. Before Brbgy, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $36.00. Plaintiff appealed.
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Appeal, No. 28, Oct. T., 1902, by plaintiff, from judgment of C. P. No. 1, Sept. T., 1897, on verdict for plaintiff in case of Henry C. Loughlin, Trustee of Sarah Kopp, Deceased, v. Lawrence J. Carey. . Assumpsit for rent and for damages for breach of covenant of a lease. Before Brbgy, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $36.00. Plaintiff appealed. Error assigned was in directing the jury to return a verdict for the amount of water rent only.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff’s action was founded upon the covenants of a written lease. His claim as set forth in the statement was composed of three elements : (1) Rent for the premises for the period of five months at the rate of $50.00 per month; (2) water rent assessed against the premises which the plaintiff had been compelled to pay, and (3) the cost of repairs which it became necessary for the plaintiff to make because of the failure of the lessee, the defendant, to perform his covenant to make certain repairs and improvements upon the premises. The plaintiff introduced…
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