Clark v. Harvey
Supreme Court of Pennsylvania
This was an action of trespass by James B. Harvey and Edward O. Harvey against Jonathan Clark and Lewis Smith. The writ issued May 11th 1864. On the 31st of March 1861 Jonathan Clark, one of the defendants, leased to the plaintiffs a farm of 35 acres in Montgomery county for one year from the 1st day of April then next, as a dairy farm, at the rent of $400, the lessor to have the use of part of the house; the lessees to take care of the farm; part of the • manure made on an…
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This was an action of trespass by James B. Harvey and Edward O. Harvey against Jonathan Clark and Lewis Smith. The writ issued May 11th 1864. On the 31st of March 1861 Jonathan Clark, one of the defendants, leased to the plaintiffs a farm of 35 acres in Montgomery county for one year from the 1st day of April then next, as a dairy farm, at the rent of $400, the lessor to have the use of part of the house; the lessees to take care of the farm; part of the • manure made on an adjoining lot of the lessors to be used on this farm; and it was agreed that when the lessees removed they should “ not…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
By the custom, or as it has been called, the common law of Pennsylvania, the tenant of a farm under a lease from year to yéar for agricultural purposes, is entitled to the way-going crop. This is the law, in view of which, such letting must be presumed to have been made, if nothing to the contrary be said. In the case before us this implication was attempted to be rebutted by proof of bad husbandry, and a manifest trespass justified by an alleged breach of contract. If there were bad husbandry in the case, the redress for that was by suit,…
2Cited by5 opinions
- Commonwealth v. PetermanSuperior Court of Pennsylvania · 1938
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- Whorley v. KarperSuperior Court of Pennsylvania · 1902
- Paul v. Snyder, Pennsylvania Court of Common Pleas, Northumberland County1974
- Swanson v. Carlson, Pennsylvania Court of Common Pleas, Warren County1986