McBride v. Daniels
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1879, No. 210. Assumpsit by W. W. Daniels against J. T. McBride. Appeal from the judgment of a justice of the peace. Defendant pleaded “non assumpsit, payment with leave, set-off,'&c.” McBride was the owner of a farm in Crawford county, in the year 1873. On the 27th of November of that year he demised said farm to Daniels, for the term of two years from the 1st of March following.
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1879, No. 210. Assumpsit by W. W. Daniels against J. T. McBride. Appeal from the judgment of a justice of the peace. Defendant pleaded “non assumpsit, payment with leave, set-off,'&c.” McBride was the owner of a farm in Crawford county, in the year 1873. On the 27th of November of that year he demised said farm to Daniels, for the term of two years from the 1st of March following. Daniels, by the terms of the lease, agreed and covenanted “ to take all proper care of said premises, the same as a careful and…
1Opinion of the CourtJustice Mercur
This contention is between a landlord and a tenant. The plaintiff in error let to the defendant a farm for the term of two years. The latter, inter alia, agreed “ to take all proper care of said premises, the same as a careful and prudent farmer should of his own property, and return the same at the end of said lease in as *334good condition as the same is received, except natural wear -and unavoidable accidents.” Also at the end of the term “ to leave as many acres seeded down as there now ” are. A clause in the lease gave the landlord the privilege of buying the hay and fodder remaining on the…
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