Jackson v. Stewart
Superior Court of Pennsylvania
Appeal, No. 123, April T., 1906, by defendant, from order of C. P. No. 1, Allegheny Co., Dec. T., 1905, No. 54, discharging rule to open judgment in case of M. L. Jackson v. Clara Stewart and Daniel Edwards. Rule to open a judgment entered on a lease. The opinion of the Superior Court states the case. Error assigned was the order discharging the rule.
1Opinion of the Court
Opinion by
Henderson, J.,
The defendants seek to avoid the obligation of their lease on the allegation that the demised building was not habitable. The defect complained of was dampness. The lessees examined the premises before executing the lease. The dampness was attributed by the witnesses in part to the location of the house; in part to water flowing into the first floor during a heavy rain in the summer after the lessees took possession. A retaining wall became dilapidated during the defendants’ occupancy and the testimony suggests the inference that the condition of the wall may have…
2Cases cited3 opinions
- Kline v. Jacobs & WifeSupreme Court of Pennsylvania · 1871
- Reeves v. McComeskeySupreme Court of Pennsylvania · 1895
- Huber v. BaumSupreme Court of Pennsylvania · 1893