American Ice Co. v. Pocono Spring Water Ice Co.

Citations

• 179 F. 868
• 1910 U.S. App. LEXIS 5436

Syllabus

<p>1. Courts (§ 365*) — Federal Courts — State Law as Rule oe Decision.</p> <p>The measure of damages for evicting a lessee under a lease of lands in Pennsylvania applied in a suit in the United States Circuit Court should be the rule adopted by the Supreme Court of that state.</p> <p>[Ed. Note. — -For other cases, see Courts, Cent. Dig. §§ 950, 952, 955, 969-971; Dee. Dig. § 365.*</p> <p>State laws as rules of decisions in federal courts, see notes to Wilson v. Perrin, 11 O. C. A. 71; Hill v. Hite, 29 C. C. A. 553.]</p> <p>2. Landlord and Tenant (§ 180*.) — Eviction—Measure oe Damage.</p> <p>Ordinarily a lessee’s measure of damage for wrongful eviction is the. consideration paid by the lessee; but, where the eviction is due partly or wholly to the lessor’s fraud or collusion, a different rule governs.</p> <p>’ ’ (Ed. Note. — For other cases, see Landlord and Tenant, Cent. Dig. §§ 723-727.; Dec. Dig. § 180.*]</p> <p>3. Landlord and Tenant (§ 180*) — Eviction—Damages Recoverable. :</p> <p>A lessee wrongfully evicted- is properly allowed the cost of removing from the premises and an allowance for failure of consideration of .his agreement to assume contract obligations as a part consideration for the lease.</p> <p>[Ed. Note. — For other cases, see Landlord and Tenant, Gent. Dig. §§ 723-727; Dec. Dig. § 180.*]</p> <p>4. Costs (§ 172*) — Attorney's Fees — Right to.</p> <p>On a bill for an accounting for the benefit of creditors, no fee should be allowed defendants’ counsel, where they were engaged solely in defending their individual clients from personal liability.</p> <p>[Ed. Note. — For other cases, see Costs, Dee. Dig. § 172.*]</p>