Kiester v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of debt, brought by Jacob Kiester and Harriet his wife, before a justice of the peace, to recover from George and Jacob Miller, one year’s rent, alleged to be due on the 1st of October, 1853. On the 14th day of February, 1852, Mrs. Kiester leased the premises to the defendants, by a lease under seal, for the term of three years, at the annual rent of $75, payable on the 1st of October of each year.
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Error to the Common Pleas of Allegheny county. This was an action of debt, brought by Jacob Kiester and Harriet his wife, before a justice of the peace, to recover from George and Jacob Miller, one year’s rent, alleged to be due on the 1st of October, 1853. On the 14th day of February, 1852, Mrs. Kiester leased the premises to the defendants, by a lease under seal, for the term of three years, at the annual rent of $75, payable on the 1st of October of each year. On the trial of the cause, the plaintiffs gave in evidence the lease, with proof that the premises descended to Mrs. Kiester by the…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
That an estate in lands for a term not exceeding three years, created by a written lease, may be released by a parol agreement to rescind the lease, is too well settled to admit of further dispute: McKinney v. Reeder, 7 Watts 123; Greider’s Appeal, 5 Barr 424; McGaw v. Lambert, 3 Barr 444. Neither is there any consideration necessary to support such an agreement of rescission other than the contract itself. The agreement of the one party is sufficient to make valid that of the other.
This disposes of the first and second specifications of error.…
2Cases cited1 opinion
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Gold v. Fox Film Corp.Supreme Court of Pennsylvania · 1931
- Rohbock v. McCargoSuperior Court of Pennsylvania · 1897
- Boswell v. ChalmersSuperior Court of Pennsylvania · 1920
- Whelen v. LairdSuperior Court of Pennsylvania · 1914