Cornelia Cuyler's Estate

Van Dusen, J.,

It is true that ordinarily an obligation would arise to pay for the occupancy of property owned by another; and that, particularly, a tenant occupying a property under a lease which stipulated for rent would be liable to pay the rent to the purchaser of the property without any formal assignment of the lease or attornment, as held in Braker v. Deuser, 49 Pa. Superior Ct. 215. But if the circumstances show that the parties did not contemplate a contractual obligation, no promise to make compensation for the occupancy will be implied. Illustrative cases, though not dealing with…