Sipps v. Pusey

Citations

• 49 Pa. Super. 326
• 1912 Pa. Super. LEXIS 324

Syllabus

<p>Appeals — Assignments of error — Direction of verdict — Refusal of judgment n. o. v.- — Exceptions.</p> <p>1. An assignment of error that “the learned judge erred in directing a verdict for the defendant,” violates Rule XV, and will not be considered.</p> <p>2. When part of the charge of the judge is assigned for error the part assigned must be quoted in its exact words.</p> <p>3. An assignment of error to the refusal to enter judgment n. o. v. is worthless if no exception was taken to such refusal.</p> <p>Landlord and tenant — Eviction—Cutting off water supply.</p> <p>4. The fact that a water company cut off the water supply from demised premises for two hours until the landlord made a contract for the water supply, does not constitute an eviction, and this is especially so where there is no provision in the lease that the landlord should supply the water.</p> <p>5. Where a tenant has held and used the premises during all the time while rent in controversy was accruing he cannot allege as a defense for the payment of the rent that the relation of landlord and tenant had terminated by reason of a judgment entered on the lease for prior rent in arrears and for the possession of the premises.</p> <p>6. A provision in a lease that “no such determination of the lease nor taking” nor recovering possession of the premises shall deprive the lessor of any action against the lessee for the rent or for damages,” applies not only to actions at law, but also to a landlord’s warrant.</p>