Maule v. Ashmead
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit by John Maulé to the use of Felton Bartle v. O. Ashmead, administrator of the estate of Rebecca Peiffer, deceased. A verbal lease of a piece of land was made in April, 1845, by Rebecca Peiffer to John Maulé, for five years, to run from the 1st of April, 1845, at a rent of $100 for the first year, and $150 for each of the other four years.
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Error to the District Court, Philadelphia. This was an action of assumpsit by John Maulé to the use of Felton Bartle v. O. Ashmead, administrator of the estate of Rebecca Peiffer, deceased. A verbal lease of a piece of land was made in April, 1845, by Rebecca Peiffer to John Maulé, for five years, to run from the 1st of April, 1845, at a rent of $100 for the first year, and $150 for each of the other four years. In pursuance of the lease Maulé took possession in the spring of 1845. He continued in possession for about ten months, and then transferred his lease to Felton Bartle, for $313,…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
A farm was leased for five years. The tenant went into possession and improved the property at great expense of money and labor, so that its produce for the last two years would have been worth much more than it was at any time pre*484vious. But at the end of three years he was turned out, and he brings this action to recover compensation for his loss.
This is one of those hard cases which sometimes are said to make bad precedents. But every member of the Court is clearly of opinion that the law of the case, as well as its merits, is with the…
2Cited by8 opinions
- Walter v. TransueSuperior Court of Pennsylvania · 1901
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
- Hamilton v. Wright's AdministratorSupreme Court of Missouri · 1859
- Lierz v. MorrisSuperior Court of Pennsylvania · 1902
- Cohen v. HaydenSupreme Court of Iowa · 1916
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