Fernwood Masonic Hall Ass'n v. Jones
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delaware county / Of January Term 1882, No. 421. Case, by Jacob Jones and Mary L. Jones, his wife, in right of said wife, against The Fernwood Masonic Hall Association, and Neil McFadden, to recover damages for an alleged excessive distress. Plea, not guilty.
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Error to the Court of Common Pleas of Delaware county / Of January Term 1882, No. 421. Case, by Jacob Jones and Mary L. Jones, his wife, in right of said wife, against The Fernwood Masonic Hall Association, and Neil McFadden, to recover damages for an alleged excessive distress. Plea, not guilty. On the trial, before Clayton, P. J., the following facts appeared : The Masonic'Hall Association owned a large building at Fernwood, Delaware county, a portion of which was fitted up to be used as a summer hotel or boarding-house, a portion as a public hotel, and a portion as a lodge-room. The whole…
1Opinion of the CourtJustice Trunkey
The lessee covenanted to pay rent, $1,500 per annum, and also “the gas bills at the rate of $3 per 1,000 feet during her occupancy of the premises.” The lessor covenanted that upon the faithful compliance with all the conditions and requirements on the part of the lessee, a deduction would be made of $75 from each quarter’s rent. It was uncontroverted that the lessee paid the first three quarters’ rent, and received the said deduction ; that she paid $125 to apply on rent for the three quarters ending on August 1st 1879 ; and that she failed toperform the covenants so as to entitle her to any…
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