Detwiler v. Cox
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 251, to January Term 1872. This was a replevin issued April 24th 1871, by Jacob Detwiler against William K. Cox and George W. Dungan, for certain goods distrained for rent on premises leased by Cox to the plaintiff.
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Error to the District Court of Philadelphia: No. 251, to January Term 1872. This was a replevin issued April 24th 1871, by Jacob Detwiler against William K. Cox and George W. Dungan, for certain goods distrained for rent on premises leased by Cox to the plaintiff. On the 23d of May 1871, the defendants made cognisance and avowed, —Dungan as bailiff and Cox as landlord, — that the plaintiff held a dwelling-house as the tenant of Cox under a lease reserving a rent of $1200 per annum, payable monthly, and under this further reservation in article 8th. of the lease, viz.:— “ If the said William…
1Opinion of the Court
Judgment on the writ of error was entered in the Supreme Court, February 9th 1874.
2Per curiam
The terms of the reserved question admit the making of the improvements and betterments claimed in the defendants’ avowry, leaving the single point whether the additional rent reserved therefrom in the 8th clause of the lease, is a distrainable rent. We can see no good reason why it is not rent. It is reserved as rent, issues out of the premises, is payable in addition to the other rent, and is a fixed annual sum. It is not interest, though the rate of interest was evidently the measure of the rent in the minds…
3Cited by3 opinions
- Evans v. Lincoln Co.Supreme Court of Pennsylvania · 1903
- McCann v. EvansCourt of Appeals for the Third Circuit · 1911
- Lybarger v. Haupt, Pennsylvania Court of Common Pleas, Union County1927