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· 2/26/1909

Clark v. McLanahan

Citations

  • 39 Pa. Super. 30
  • 1909 Pa. Super. LEXIS 433

Syllabus

<p>Landlord and tenant — Replevin—Set-off—Theft from tenant. ■</p> <p>In an action of replevin by a tenant against his landlord for goods distrained, the tenant cannot set up that a portion of the rent claimed, naming the amount, never became due, or if it did was extinguished, because the landlord, under a right reserved in the lease, gave access to the premises to dishonest servants whom he had been negligent in hiring, and who stole from the tenant goods worth the portion of the rent named.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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