Brolasky v. Ferguson
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. J'fLat„skt$tr/j This was an action for use and occupation, brought by Simon Brolasky against Warren F. Ferguson, to December Term 1868, No. 1023. Plaintiff filed a narr. in the common form, to which defendant pleaded non assumpsit, set-off with leave, &c. The lot in question was situate in Market street, between Nineteenth and Twentieth streets.
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Error to the District Court of Philadelphia. J'fLat„skt$tr/j This was an action for use and occupation, brought by Simon Brolasky against Warren F. Ferguson, to December Term 1868, No. 1023. Plaintiff filed a narr. in the common form, to which defendant pleaded non assumpsit, set-off with leave, &c. The lot in question was situate in Market street, between Nineteenth and Twentieth streets. It had been occupied by defendant from October 1860 to April 1862, vacated by him at that date, and subsequently, July 26th 1862, reoccupied under an agreement made between the parties, by which defendant…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— The action for the use and occupation of land is founded upon privity of contract, not privity of estate. The plaintiff must prove a contract to pay either a stipulated compensation for the use of the land, or such a sum as the use was reasonably worth. It is true, the proof may be either direct or presumptive. If a defendant has taken possession of land and occupied it by the permission of the plaintiff, the law will presume a promise to pay a reasonable rent, though none has been expressly fixed. In such a case the contract is deduced…
2Cited by10 opinions
- Wilson EstateSupreme Court of Pennsylvania · 1944
- In Re Orient River Investments, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1990
- In Re BarrettUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
- MacK v. FennellSuperior Court of Pennsylvania · 1961
- Everly v. Shannopin Coal Co.Superior Court of Pennsylvania · 1939
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