Breuckmann v. Twibill
Supreme Court of Pennsylvania
Error to the Court of Common, Pleas, No. 1, of Philadelphia county: Of January Term. 1879, No. 70. Covenant on a lease by George A. Twibill against Reinhard Breuckmann, to recover two months’ rent of a dwelling-house, and a gas bill. Twibill leased the premises in question to defendant for one year from August 1st 1873, at $25 per month. The lease contained a condition that the tenant should pay for all the gas consumed on the premises.
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Error to the Court of Common, Pleas, No. 1, of Philadelphia county: Of January Term. 1879, No. 70. Covenant on a lease by George A. Twibill against Reinhard Breuckmann, to recover two months’ rent of a dwelling-house, and a gas bill. Twibill leased the premises in question to defendant for one year from August 1st 1873, at $25 per month. The lease contained a condition that the tenant should pay for all the gas consumed on the premises. Defendant remained in possession until April 30th ■1878, when he removed, having paid the rent to that date. Twibill then entered, made certain repairs and…
1Opinion of the Court
The judgment of the Supreme Court was entered, March 3d 1879,
2Per curiam
The plaintiff in error in his affidavit of defence very carefully avoided alleging that there was a surrender of the lease accepted by the landlord. Certain facts are averred, which, standing by themselves, would be evidence from which a jury might infer a surrender, but yet entirely consistent with a distinct refusal. Taking possession, repairing, advertising the house to rent, are all acts in the interest and for the benefit of the tenant, and do not .discharge him from his covenant to pay the rent.
Judgment affirmed.
3Cited by19 opinions
- Ralph v. DeileySupreme Court of Pennsylvania · 1928
- Kahn v. Bancamerica-Blair Corp.Supreme Court of Pennsylvania · 1937
- Lipper v. Bouvé, Crawford & Co.Superior Court of Pennsylvania · 1898
- Brill v. HaifetzSuperior Court of Pennsylvania · 1945
- Hargrove v. BourneSupreme Court of Oklahoma · 1915
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