Smith v. Ankrim
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the city and county of Lancaster. Replevin brought by George Smith, the plaintiff below, and plaintiff in error, against Samuel Jlnlerim, who made cognizance of the taking as a distress for rent, as bailiff of Adam Gochenauer, Henry Resh, and Samuel B. Moore. The pleas were non, demiserunt, riens in arrear and payment with leave, &c. Replication, non solvit and issues.
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IN ERROR. Error to the District Court for the city and county of Lancaster. Replevin brought by George Smith, the plaintiff below, and plaintiff in error, against Samuel Jlnlerim, who made cognizance of the taking as a distress for rent, as bailiff of Adam Gochenauer, Henry Resh, and Samuel B. Moore. The pleas were non, demiserunt, riens in arrear and payment with leave, &c. Replication, non solvit and issues. The defendant gave in evidence an assignment of the premises from Benjamin Hart to Gochenauer, Resh, and Moore, and also a lease or agreement under seal between them and the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
It cannot seriously be pretended that there should be an abatement of the rent in consequence of the destruction of the bridge, without regard to any other circumstance. The bridge was not even a part of the thing demised; and if it had been, no case would authorize an abatement on that ground. The question then rests exclusively on the supposed agreement of the tenantwith one of the lessors. When this agreement took place, the tenant was about to commence a second year under a written lease, which, at law could not be altered by parol,…
2Cited by1 opinion
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