Waltman v. Allison
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin. Replevin. The defendants avowed for $140 rent in arrear for one year and three-quarters, ending on the 31st Dec., 1844, under a demise at $80 per annum, payable quarterly on the 1st of July, October, January, and April. One of the pleas was Hens in arrear. The levy was made March 28th, 1845, for rent due on the preceding 1st of January.
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In error from the Common Pleas of Dauphin. Replevin. The defendants avowed for $140 rent in arrear for one year and three-quarters, ending on the 31st Dec., 1844, under a demise at $80 per annum, payable quarterly on the 1st of July, October, January, and April. One of the pleas was Hens in arrear. The levy was made March 28th, 1845, for rent due on the preceding 1st of January. There was evidence that the plaintiffs had entered in March, 1843, under a parol demise at $80; but there was evidence that the rent was only $50 a year. The main question arose on the xuling of his honour, Pearson,…
1Opinion of the CourtCoulter, J.
In answer to the fifth point put to the court by counsel for plaintiff, the court say “the lease must be proved substantially as laid; but the precise sum due, or how payable, is not such a variance as would be fatal.” This is erroneous. A. very substantial part of every lease, is the mode and manner of payment. For instance, if the rent in this case was payable at the end of the year, a great part of the distress, almost one-half, was for a sum not yet due at the date of the distress. The rent for the first year was due; but unless the rent was payable quarterly, there was nothing due for…