Legal Opinion

Milling v. Becker

Supreme Court of Pennsylvania

Decided November 22, 1880PublishedCited by 14 opinions

Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 163. Case by Charles Milling against Annie Becker.

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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 163. Case by Charles Milling against Annie Becker. The action was to recover rent from October 1st 1878 to April 1st 1879, for certain premises in the city of Pittsburgh, of which the plaintiff was the owner, and which he alleged the defendant rented from him by a verbal lease from May 1st 1873 to April 1st 1874, ata rent of $20 per month, payable monthly, and that after the 1st of April 1874 the defendant held over and continued to occupy the premises. Plaintiff further alleged that about…

1Opinion of the CourtJustice Trunkey

These parties disagree on the question whether the letting of the premises was by the month or year, and on this the conflicting tes*185timony was fairly submitted. But the testimony on. all controverted questions might as well not have been submitted at all, for the jury were instructed that on the case, as claimed by the plaintiff, the defendant ought to pay rent until the end of the year, unless the plaintiff was guilty of neglect and might have rented, but did not, and that he was bound to use his utmost endeavors to rent the premises for the reliéf of the defendant; and, if the renting was…

2Cited by14 opinions

  1. Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
  2. Ralph v. DeileySupreme Court of Pennsylvania · 1928
  3. Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Supreme Court of Pennsylvania · 1998
  4. Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Superior Court of Pennsylvania · 1996
  5. Clark v. WrightSupreme Court of Pennsylvania · 1933

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