Teller v. Boyle
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 389 January Term 1889, Sup. Ct.; court below, No. 606 December Term 1888, C. P. No. 1. On December 22, 1888, Benjamin F. Teller brought assumpsit against James Finnegan, William Boyle and John McGlinn, trading as Boyle & McGlinn, to recover rent alleged to be due from Michael Higgins, for whom the defendants were sureties.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 389 January Term 1889, Sup. Ct.; court below, No. 606 December Term 1888, C. P. No. 1. On December 22, 1888, Benjamin F. Teller brought assumpsit against James Finnegan, William Boyle and John McGlinn, trading as Boyle & McGlinn, to recover rent alleged to be due from Michael Higgins, for whom the defendants were sureties. The defendants filed an affidavit of defence, the material averments of which appear in the opinion of the Supreme Court. A rule for judgment for want of a sufficient affidavit of defence…
1Per curiam
It appears that plaintiff below leased to Michael Higgins, for the term of three years and three months, from February 4, 1887, certain premises to be used as a saloon for the sale of liquors and as a dwelling. The lease contained a covenant that, under penalty of forfeiture, the lessee would neither occupy nor permit the premises to be occupied otherwise than as a saloon and dwelling, without the lessor’s written consent indorsed on the lease. The lessee, during the term, removed from the premises, and refused to pay subsequently accruing rent, and this suit was brought against appellants,…
2Cited by16 opinions
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