Pennsylvania Co. for Insuring Lives & Granting Annuities v. Bodek
Superior Court of Pennsylvania
Appeal, No. 7, Oct. T., 1921, by defendants, from judgment of C. P. No. 1, Pbila. Co., Dec. T., 1916, No. 2502, directing a verdict in favor of tbe plaintiff in tbe case of Tbe Pennsylvania Company for Insuring Lives and Granting Annuities, Trustee under tbe will of Thomas J. Hempbill, deceased, v. Wolf Bodek, Benjamin Rabinovitcb, David Rabinovitcb and Joseph I. Rabinovitcb, trading as W. Bodek Company. Assumpsit for rent due under a lease.
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Appeal, No. 7, Oct. T., 1921, by defendants, from judgment of C. P. No. 1, Pbila. Co., Dec. T., 1916, No. 2502, directing a verdict in favor of tbe plaintiff in tbe case of Tbe Pennsylvania Company for Insuring Lives and Granting Annuities, Trustee under tbe will of Thomas J. Hempbill, deceased, v. Wolf Bodek, Benjamin Rabinovitcb, David Rabinovitcb and Joseph I. Rabinovitcb, trading as W. Bodek Company. Assumpsit for rent due under a lease. Before Shoemaker, J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe court directed a verdict in favor of tbe plaintiff for fl,160.33, on…
1Opinion of the Court
Opinion by
Trexler, J.,
This was an action by a landlord against a tenant to recover rent for an unexpired term. The premises were destroyed by fire and thus became untenantable. The tenant claims that he is exonerated from the payment of rent by reason of the landlord' not keeping the covenants of the lease. The clauses of the lease that bear upon the question involved are as follows: “The lessee shall keep, and at the expiration of the term peaceably deliver up the premises, in the like good order, condition and repair they now are, ordinary wear and tear and casualties by fire and…
2Cases cited2 opinions
- Moore v. WeberSupreme Court of Pennsylvania · 1872
- Wood v. CarsonSupreme Court of Pennsylvania · 1917
3Cited by4 opinions
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Derian v. Bachman, Pennsylvania Court of Common Pleas, Philadelphia County1949
- Genzelman v. OstrovskyPennylvania Municipal Court, Philadelphia County · 1949
- Reading Co. v. Allied Oil Co.Pennylvania Municipal Court, Philadelphia County · 1943