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2 Pennyp. 320

Allegaert v. Smart

Supreme Court of Pennsylvania

Decided January 30, 1882

Supreme Court of Pennsylvania · decided 1882-01-30

2 for the County of Philadelphia. Replevin by Peter Allegaert against John Smart, landlord,, and Thomas W. Sinnote, bailiff, upon a distress for rent. The defendants made avowry, to which the plaintiff pleaded Hen en arrere, and a special plea setting up a breach of covenant on the part of the defendant, on which the case was put at issue.

Decided 1882-01-30

— Per Curiam:

¶1The charge in the matters .complained of and the rejection of the evidence offered were entirely right. The breach of the covenant by the landlord was certainly no forfeiture of the right to the rent. Nor could the damages be set off in replevin. The only effect, according to Fairman v. Fluck, 5 Watts, 516; Warner v. Caulk, 3 Whart., 193; and Prescott v. Otterstatter, 29 P. F. Smith, 462, was, that there should be a reduction of the amount of the rent, proportioned over the whole period of the lease.

¶2Judgment affirmed.

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