This section contains the nature of the case and procedural background.

Martha Green (P) now deceased made a lease by indenture to William Hoffman. The lessee covenanted for himself, his executors, and assigns to keep the demised premises in good repair and to deliver it up to P at the end of the term. Hoffman assigned the lease to D who entered the premises and had not paid 35 pounds rent from the last half year and had not delivered the premises in good order and repair. D pled performance of covenants and payment and that an enemy army had invaded the city of Philadelphia and taken possession of the premises and it was they who held the property, committed waste, and destruction. P demurred to D's defense.

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