McClelland v. Rush
Supreme Court of Pennsylvania
Appeal, No. 7, July T., 1892, from judgment of C. P. Fayette Co., Dec. T., 1890, No. 158, on verdict for plaintiff in ejectment. On the trial, before Ewing, J., plaintiff offered in evidence precipe and writ of ejectment, issued Oct. 16, 1890, for the property in dispute, a hotel property. The further facts appear by the opinion of the Supreme Court.
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Appeal, No. 7, July T., 1892, from judgment of C. P. Fayette Co., Dec. T., 1890, No. 158, on verdict for plaintiff in ejectment. On the trial, before Ewing, J., plaintiff offered in evidence precipe and writ of ejectment, issued Oct. 16, 1890, for the property in dispute, a hotel property. The further facts appear by the opinion of the Supreme Court. The court affirmed the following point for plaintiff: “ Under all the evidence in this cause the verdict must be for the plaintiff for the premises described in the writ: ” [1] The court refused the following points for defendants: “ 1. If the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The agreement, between the parties gave, in its first clause, a lease to the defendant of the property in question for the definite term of five years from Sept. 1, 1885, at a stipulated rent. The second clause is in the following words, viz.: “ The party of the second part to have the privilege of an extension of said term of five years for a further period of five years from the expiration thereof, at his own option, on the same terms, by notice in writing to the parties of the first part, or their assigns, at least three months before the expiration of the term…
2Cases cited8 opinions
- Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
- Duffield v. HueSupreme Court of Pennsylvania · 1889
- Bonnert v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1889
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- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
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3Cited by23 opinions
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- Gruber v. CastleberryCourt of Appeals of Arizona · 1975
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