Williams v. Ladew
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1895, by defendants, from judgment of C. P. Bedford Co., September Term, 1893, No. 360, on verdict for plaintiffs. Assumpsit for use and occupation of water'. Before LongENECKER, P. J. At the trial it appeared that on April 16, 1877, J. B. Williams leased to J. B. Hoyt & Co., for a term of 'fifteen years, for the consideration of one dollar “ the full exclusive right and. control lof' the' waters on a certain lot or piece of ground. ....
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Appeal, No. 162, Jan. T., 1895, by defendants, from judgment of C. P. Bedford Co., September Term, 1893, No. 360, on verdict for plaintiffs. Assumpsit for use and occupation of water'. Before LongENECKER, P. J. At the trial it appeared that on April 16, 1877, J. B. Williams leased to J. B. Hoyt & Co., for a term of 'fifteen years, for the consideration of one dollar “ the full exclusive right and. control lof' the' waters on a certain lot or piece of ground. .... With the privilege of piping, conveying or using the said waters in any way they may choose for the use and benefit of their…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The main contention of the appellants that during the time of occupation sued for they were tenants from year to year, cannot be sustained. The lease was for a definite term of fifteen years, at a gross rental for the entire term. Although the amount, one dollar, appears to be merely nominal, yet it is for the whole term, and not for any particular year or years. But even if it were an annual rent it would not help appellants’ case, for the lease expired at a fixed date and no notice was necessary to terminate the tenant’s rights under it. When they held over…
2Cases cited1 opinion
- Hemphill v. FlynnSupreme Court of Pennsylvania · 1845
3Cited by17 opinions
- Taylor v. KaufholdSupreme Court of Pennsylvania · 1951
- Rekas v. DopkavichSupreme Court of Pennsylvania · 1949
- Routman v. BohmSuperior Court of Pennsylvania · 1961
- MacK v. FennellSuperior Court of Pennsylvania · 1961
- Everly v. Shannopin Coal Co.Superior Court of Pennsylvania · 1939
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