Robinson v. Huchestein
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1913, by defendants, from order of C. P. Allegheny Co., Jan. Term, 1912, No. 641, making absolute rule for judgment for want of a sufficient affidavit of defense in case of James A. Robinson et al. v. Frank Huckestein et al., partners now or formerly doing business under the firm name of Federal Bowling Company. Assumpsit for breach of covenant in a lease.
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Appeal, No. 83, April T., 1913, by defendants, from order of C. P. Allegheny Co., Jan. Term, 1912, No. 641, making absolute rule for judgment for want of a sufficient affidavit of defense in case of James A. Robinson et al. v. Frank Huckestein et al., partners now or formerly doing business under the firm name of Federal Bowling Company. Assumpsit for breach of covenant in a lease. Before Haymaker, J. At the trial it appeared that on April 1, 1904, the defendants executed a lease of certain property in the city of Allegheny in which they covenanted to pay all the taxes that might be assessed…
1Opinion of the Court
Opinion by
Poster, J.,
The plaintiffs brought this action to recover the rent, taxes and water rents, which under the provisions of a written lease the defendants had covenanted to pay. The court below made absolute a rule for judgment for want of a sufficient affidavit of defense, from which order the defendants appeal. The appellants state the question involved to be: “Question of the right of a landlord, who has forfeited a lease for nonpayment of rental, taxes and water rents, to sue for and collect from the *144tenant taxes and water rents unpaid but payable at the time of the forfeiture,…
2Cases cited4 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Evans v. Lincoln Co.Supreme Court of Pennsylvania · 1903
- Wolf v. GuffeySupreme Court of Pennsylvania · 1894
- Wheeling v. PhillipsSuperior Court of Pennsylvania · 1899
3Cited by3 opinions
- Axe v. SternSuperior Court of Pennsylvania · 1935
- Thal v. SchreibmanSuperior Court of Pennsylvania · 1934
- Thal v. Schreibman, Pennsylvania Court of Common Pleas, Philadelphia County1933