Rea v. Eagle Transfer Co.
Supreme Court of Pennsylvania
Appeal, No. 101, Oct. T., 1901, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1899, No. 506, on verdict for defendant in case of Henry Rea, Jr., v. The Eagle Transfer Company. Ejectment for a lot in the city of Pittsburg brought by Henry Rea, Jr., against the Eagle Transfer Company to enforce a forfeiture of a leasehold estate for nonpayment of rent.
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Appeal, No. 101, Oct. T., 1901, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1899, No. 506, on verdict for defendant in case of Henry Rea, Jr., v. The Eagle Transfer Company. Ejectment for a lot in the city of Pittsburg brought by Henry Rea, Jr., against the Eagle Transfer Company to enforce a forfeiture of a leasehold estate for nonpayment of rent. On July 1, 1899, the Consolidated Gas Company, owner of the fee, leased the premises in dispute to the Eagle Transfer Company for ten years, at an annual rent of $1,500, payable monthly, $125 the last day of each month. In…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The opinion of the learned judge below and the argument here have taken a much wider range than the case calls for. Each party at the trial asked for binding instructions in his favor, and the judge accordingly directed a verdict for defendant. The correctness of this action is all that we need consider.
The action is ejectment to terminate a lease for nonpayment *276of rent, and no place of payment being specially named it was incumbent on the plaintiff to show a demand on the land previous to the declaration of forfeiture. It is admitted that no such demand was…
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