Johnson v. Ash

Philadelphia County Court of Common Pleas

Johnson v. Ash

21 A. 754, 142 Pa. 45, 1891 Pa. LEXIS 703

Pennsylvania Court of Common Pleas, Philadelphia County·Decided April 27, 1891·No. No. 292·Published·Cited by 2 cases

Opinion

Pee Curiam :

The court below properly held that the plaintiffs were obliged to receive the kind of money the contract called for. It is to be presumed that when the ground-rent was created, the reservation of the rent in Spanish Milled Silver Dollars was for the benefit of the owner of the rent. It was certainly not for the benefit of the ground-tenant. The plaintiffs, having enjoyed what benefit there was under the contract, may well take the disadvantages thereof, if there are any.

Judgment affirmed.

On May 18, 1891, a motion for a re-argument was refused.

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Pee Curiam :

The court below properly held that the plaintiffs were obliged to receive the kind of money the contract called for. It is to be presumed that when the ground-rent was created, the reservation of the rent in Spanish Milled Silver Dollars was for the benefit of the owner of the rent. It was certainly not for the benefit of the ground-tenant. The plaintiffs, having enjoyed what benefit there was under the contract, may well take the disadvantages thereof, if there are any.

Judgment affirmed.

On May 18, 1891, a motion for a re-argument was refused.

Johnson v. Ash, 21 A. 754, 142 Pa. 45, 1891 Pa. LEXIS 703 (Pa. Super. Ct. 1891).

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Opinion

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