Auer v. Penn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county : Of July Term 1881, No. 18. Covenant, by Joseph Penn against John Auer, upon a contract of suretyship annexed to a lease.
Read the full summary
Error to the Court of Common Pleas No. 1, of Philadelphia county : Of July Term 1881, No. 18. Covenant, by Joseph Penn against John Auer, upon a contract of suretyship annexed to a lease. Upon a former writ of error, a judgment entered for plaintiff for want of a sufficient affidavit of defence was reversed, and a procedendo awarded : See 11 Norris 444. On the trial, before Biddle, J., the following facts appeared : On October 15th 1875, the plaintiff leased a certain house to one Jacob Brown, for the term of five years, at the yearly rent of $360, payable in equal monthly payments of $30…
1Opinion of the CourtJustice Baxson
Nothing is better settled in Pennsylvania than that a tenant for years cannot relieve himself from his liability under his covenant to pay rent by vacating the demised premises during the term, and sending the key to Ms landlord. The reason for it is that in the absence of fraud, one party to a contract cannot rescind it at pleasure. And the landlord may accept the keys, take possession, put a bill on the house for rent, and at the same time apprise his tenant that he still holds him liable for the rent. All this, as was said by Mr. Justice Rogers in Marseilles v. Kerr, 6 Wharton 500, is for…
2Cases cited1 opinion
- Marseilles v. KerrSupreme Court of Pennsylvania · 1841
3Cited by46 opinions
- Ralph v. DeileySupreme Court of Pennsylvania · 1928
- Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Supreme Court of Pennsylvania · 1998
- Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc.Superior Court of Pennsylvania · 1996
- Homart Development Co. v. SgrenciSuperior Court of Pennsylvania · 1995
- Kahn v. Bancamerica-Blair Corp.Supreme Court of Pennsylvania · 1937
41 more not listed; retrieve them via the Exa API.