Legal Opinion

Fidelity Trust Co. v. Lee

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 135PublishedCited by 8 opinions

Appeal, No. 135, Oct. T., 1908, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1907, No. 4,202, discharging rule for opening judgment in case of Fidelity Trust Company v. Henry S. Lee. Rule to open judgment in ejectment entered on lease. The opinion of the Superior Court states the facts. Error assigned was order discharging rule to open judgment.

1Opinion of the Court

Opinion by

Henderson, J.,

The lease between the parties granted a term of one year from November 15, 1905. There was a provision therein that unless either party should give to the other written notice for removal *332at least three months before the end of the term the lease should continue on the same terms and conditions for a further period of one year, and so on, from year to year until terminated by either party by giving the notice referred to. The appellant gave notice on August 2, 1906, that he would vacate the premises at the end, of the term on account of trouble with the lessor…

2Cases cited5 opinions

  1. Cairns v. LlewellynSuperior Court of Pennsylvania · 1896
  2. McBrier v. MarshallSupreme Court of Pennsylvania · 1889
  3. Bakewell v. TurnerSuperior Court of Pennsylvania · 1908
  4. Patterson v. ParkSupreme Court of Pennsylvania · 1895
  5. Henderson v. Schuylkill Valley Clay Manufacturing Co.Superior Court of Pennsylvania · 1904

3Cited by8 opinions

  1. Haines v. ElfmanSupreme Court of Pennsylvania · 1912
  2. Finif v. GearingSuperior Court of Pennsylvania · 1932
  3. Derian v. Bachman, Pennsylvania Court of Common Pleas, Philadelphia County1949
  4. Evaston v. Myers, Pennsylvania Court of Common Pleas, Lancaster County1928
  5. Gatti v. Purcell, Pennsylvania Court of Common Pleas, Erie County1937

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