Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5
Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5
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In our eReader you can find the full English version of the book. Read Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5
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Co. v. Shay, i Norris, 201.
Greenawalt v, Kohne, 4 Weekly Notes, 497.
Feb. 25, 1878. The Court. It would not be easy, and might be dangerous, to lay down any general rule by which to determine, in all cases, whether an improvement-lease does or does not come within the intent and spirit of the 24th section of the Act of April 28, 1840 (Pamph. L.
474), so as to subject the ground and building to the lien of a mechanic or material man. As was said by Chief Justice Lowrie in Woodward v.
Leiby (12 ...Casey, 441), "We do not confound building contracts payable in rents with improve- ment leases; though we do not anticipate expe- rience by any theoretical definition of their exact differences. Our most common improve- ment-leases provide only for such labor as is to be done by the tenant himself and his servants, and no question of mechanics* lien can arise on them. But contracts of letting and building are infinitely various in their forms, and no definition of ours can prevent this variety, for none would be bound to conform to it; and we must be con- tent to ascertain, as cases arise, the special cha- racter of each contract, and the class to which it belongs." It will not do, therefore, to hold, as we have been strongly urged to do by the learned counsel of the plaintiff in error, that the presence of an express covenant in the lease to build, is that which distinguishes a building contract from an improvement-lease.
What to read after Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania. Supreme Court, United States Circuit Court (3rd Circuit), United States District Court (Pennsylvania : Eastern District) to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Co. v. Shay, i Norris, 201.
Greenawalt v, Kohne, 4 Weekly Notes, 497.
Feb. 25, 1878. The Court. It would not be easy, and might be dangerous, to lay down any general rule by which to determine, in all cases, whether an improvement-lease does or does not come within the intent and spirit of the 24th section of the Act of April 28, 1840 (Pamph. L.
474), so as to subject the ground and building to the lien of a mechanic or material man. As was said by Chief Justice Lowrie in Woodward v.
Leiby (12 ...Casey, 441), "We do not confound building contracts payable in rents with improve- ment leases; though we do not anticipate expe- rience by any theoretical definition of their exact differences. Our most common improve- ment-leases provide only for such labor as is to be done by the tenant himself and his servants, and no question of mechanics* lien can arise on them. But contracts of letting and building are infinitely various in their forms, and no definition of ours can prevent this variety, for none would be bound to conform to it; and we must be con- tent to ascertain, as cases arise, the special cha- racter of each contract, and the class to which it belongs." It will not do, therefore, to hold, as we have been strongly urged to do by the learned counsel of the plaintiff in error, that the presence of an express covenant in the lease to build, is that which distinguishes a building contract from an improvement-lease.
What to read after Weekly Notes of Cases Argued And Determined in the Supreme Court ..., volume 5?
You can find similar books in the "Read Also" column, or choose other free books by Pennsylvania. Supreme Court, United States Circuit Court (3rd Circuit), United States District Court (Pennsylvania : Eastern District) to read onlineMoreLess
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