Weaver v. Wood
Supreme Court of Pennsylvania
In error from tbe District Court of Allegheny. The plaintiff declared that he was possessed of the unexpired term, viz: four years, of an hotel which was destroyed by fire. That the defendant, the lessor, was desirous of rebuilding the same, but could not do so unless the plaintiff would surrender his term; and as the new house was to be more expensive than the former one, defendant could not let it for the same rent.
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In error from tbe District Court of Allegheny. The plaintiff declared that he was possessed of the unexpired term, viz: four years, of an hotel which was destroyed by fire. That the defendant, the lessor, was desirous of rebuilding the same, but could not do so unless the plaintiff would surrender his term; and as the new house was to be more expensive than the former one, defendant could not let it for the same rent. That the defendant promised, in consideration of a surrender of plaintiff’s term, that if he erected an hotel upon the land he would “ give a lease of the same” to plaintiff,…
1Opinion of the CourtGibson, C. J.
The questions reserved at the trial
were, whether the whole contract was embodied in the written surrender of the lease: whether the parol contract set up as independent of it, was mutual: and whether it was certain. It was supposed that the parol evidence contradicted the allegation of consideration contained in the written surrender, which was stated in it to be the nominal sum of a dollar, and a release from the payment of rent, which would have continued to accrue. For the purpose of its efficacy, these undoubtedly constituted the consideration of the surrender, which however was, in turn,…
2Cases cited2 opinions
- Scott v. WellsSupreme Court of Pennsylvania · 1843
- Clark v. RusselSupreme Court of Pennsylvania · 1834
3Cited by10 opinions
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- Stewart v. LyonsWest Virginia Supreme Court · 1903
- MacHen v. Budd Wheel Co.Supreme Court of Pennsylvania · 1928
- Pittsburgh Allied Fabricators, Inc. v. HaberSupreme Court of Pennsylvania · 1970
- Dinch v. WorkmanSuperior Court of Pennsylvania · 1924
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