48 Pa. 198 | Pa. | 1865
The opinion of the court was delivered, by
— The learned judge of the Common Pleas charged that the rent proposed to be defalked against the mechanic’s lien, being reserved in the same instrument from which the lien springs, it was consequently in the same transaction, and therefore, regardless of other considerations, should be allowed to extinguish pro tanto. We think this reason was insufficient, in view of the circumstances. There are, undoubtedly, cases in which the transaction is so entirely a unit, that it is most most just and proper, when litigation arises, that matters arising directly out of it should be determined in one suit. These cases
The judgment must be reversed, and a venire de novo awarded.