Martin & Monroe v. Berens
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 142, to January Term 1871. This was an action of covenant, brought September 12th 1870, by Bernard Berens against Thomas J. Martin and John Monroe.
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Error to the District Court of Philadelphia: No. 142, to January Term 1871. This was an action of covenant, brought September 12th 1870, by Bernard Berens against Thomas J. Martin and John Monroe. The plaintiff filed a copy of the instrument on which the suit was brought; it was a lease from the plaintiff to the defendants, dated February 1st 1867, for a lot of ground at the corner of Ontario and Cumberland streets, Philadelphia, with a stone building and shedding erected thereon; from the 1st of December 1866 until the 31st of August 1873, at.the rate of $1400 per annum, ■ for the purpose of…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
The parol agreement set up as a defence to the rent claimed by the plaintiff below, directly contravenes the terms of the written lease upon which the action was brought. By the agreement, as signed and sealed by the parties, the defendants agreed to pay the stipulated rent of the demised premises in equal quarterly instalments during the continuance of the lease; and they further agreed “ to do the rebuilding in case of any accident whatsoever * * * at their own expense, without any claim for damages or restitution or as offset for rent.”…
2Cases cited2 opinions
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3Cited by56 opinions
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- Grubb v. RockeySupreme Court of Pennsylvania · 1951
- Walker v. SaricksSupreme Court of Pennsylvania · 1948
- Miller v. MillerSupreme Court of Pennsylvania · 1925
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