M'Kinney v. Reader
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Samuel Reader against Henry M’Kinney. This was an action of trespass, in which the plaintiff set out in his declaration that he was quietly possessed of a house and lot of ground in the borough of Harrisburg, and that the defendant broke and entered into the premises and kept the possession.
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ERROR to the common pleas of Dauphin county. Samuel Reader against Henry M’Kinney. This was an action of trespass, in which the plaintiff set out in his declaration that he was quietly possessed of a house and lot of ground in the borough of Harrisburg, and that the defendant broke and entered into the premises and kept the possession. The facts of the case appeared to be, that the defendant was the owner of the house and lot, and leased them to the plaintiff for one year, at the rent of 200 dollars ; and during the year the plaintiff absconded, and afterwards his family locked up the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
What is wanting to the recision of an executory contract, is the assent of the parties; and it may be signified by their words.or their acts. The recision of a lease by express words, is called a surrender in fact; and when by acts so irreconcilable to the continuance of the tenure as to imply the same thing, it is called a surrender in law. An implication of surrender is not precluded by the statute of frauds, which concerns a surrender by express words, and of a lease, too, which could not have been validly constituted otherwise than by…
2Cited by12 opinions
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- Kull v. Mastbaum & FleisherSupreme Court of Pennsylvania · 1921
- Greider's AppealSupreme Court of Pennsylvania · 1846
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