Henderson v. Schuylkill Valley Clay Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 253, Oct. T., 1902, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1902, No. 1406, making absolute rule for judgment for want* of a sufficient affidavit of defense in case of William H. Henderson v. Schuylkill Valley Clay Manufacturing Company. Assumpsit for rent. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Smith, J.,
In this case the lease, in the first instance, fixed the term at eleven months from June 15, 1900, at a specified rental, “ with the privilege of two additional years on the same terms.” Had there been nothing further in relation to the term, occupancy by the lessee after May 15, 1901, would have been an election to hold for the two additional years. But a subsequent clause provided that “ either party may determine this lease at the end of said term by giving the other notice thereof, at least one month prior thereto,” and that in default of such notice the lease should…
2Cited by4 opinions
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- Karstedt v. GlickIndiana Court of Appeals · 1930
- Zook v. S.K. ZookSuperior Court of Pennsylvania · 1931
- Eastern Lumber v. Plywood, Inc., Pennsylvania Court of Common Pleas, Alleghany County1958