Whorley v. Karper
Superior Court of Pennsylvania
Appeal, No. 24, March T., 1902, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1900, No. 133, on verdict for plaintiff, in case of William Whorlpy v. W. L. Karper. Replevin for a crop. Before E. W. Biddle, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $223.29. Defendant appealed. Error assigned was in entering judgment for plaintiff on a question of law reserved.
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff leased the farm of Rev. J. R. McAllister, April 1, 1890, under a lease on the shares, each finding one half of the seed and to take one half of the crop. After the crop of 1890 . was sown and before it was reaped, the form of tenancy was changed to a money rent at $450 per year and subsequently, in 1892, the rent was reduced to $400 per year. The written lease for 1893, dated December 16, 1892, provides: “In consideration of which ($400), he (plaintiff) will be entitled to the use and enjoyment of what crops the farm may produce, fruits, dairy and house…
2Cases cited2 opinions
- Clark v. HarveySupreme Court of Pennsylvania · 1867
- First N. Bank v. Fiske, Pennsylvania Court of Common Pleas, Philadelphia County1890
3Cited by3 opinions
- Smith v. FrantzIndiana Court of Appeals · 1915
- Bowser Et Ux. v. Patton Et Ux.Superior Court of Pennsylvania · 1947
- Thomas v. Duquesne Light Co.Supreme Court of Pennsylvania · 1988