Grier v. Cowan

Westmoreland County Court of Common Pleas

Grier v. Cowan

1 Add. 347

CourtPennsylvania Court of Common Pleas, Westmoreland County

DecidedMarch 15, 1798

StatusPublished

This text of 1 Add. 347 (Grier v. Cowan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grier v. Cowan, 1 Add. 347 (Pa. Super. Ct. 1798).

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Opinion

THIS was an action of replevin for sundry articles taken in distress for rent. By the article of lease for three years, it appeared that the tenant was to pay no rent the first year, provided he put the dwelling-house in such order, as will make it convenient for his purpose, and was to be 30l. per annum, in half yearly payments. The rent, for the two last years, was paid; and the distress was made for rent for the first year. Some evidence of repairs was given.

It was suggested, from the bench, that no definite rent for the first year being stipulated; but a kind of personal obligation of repairs convenient for the lessee imposed, and the value of the repairs either made or intended being uncertain; the landlord could not know for what amount to distrain, nor the tenant what sum to tender to relieve his goods.

The defendant’s counsel gave up the right of distraining; but the plaintiff’s counsel insisted on proceeding for damages, and got a verdict for 20 dollars.

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THIS was an action of replevin for sundry articles taken in distress for rent. By the article of lease for three years, it appeared that the tenant was to pay no rent the first year, provided he put the dwelling-house in such order, as will make it convenient for his purpose, and was to be 30l. per annum, in half yearly payments. The rent, for the two last years, was paid; and the distress was made for rent for the first year. Some evidence of repairs was given.

It was suggested, from the bench, that no definite rent for the first year being stipulated; but a kind of personal obligation of repairs convenient for the lessee imposed, and the value of the repairs either made or intended being uncertain; the landlord could not know for what amount to distrain, nor the tenant what sum to tender to relieve his goods.

The defendant’s counsel gave up the right of distraining; but the plaintiff’s counsel insisted on proceeding for damages, and got a verdict for 20 dollars.

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Bluebook (online)

1 Add. 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grier-v-cowan-pactcomplwestmo-1798.