Legal Opinion

Graham v. Dempsey

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 126PublishedCited by 17 opinions

Appeal, No. 126, Jan. T., 1895, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 981, for defendant, on case stated. Case stated to determine whether rent was due by defendant to plaintiff for premises 1830 North 22d street, Philadelphia.

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Appeal, No. 126, Jan. T., 1895, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1892, No. 981, for defendant, on case stated. Case stated to determine whether rent was due by defendant to plaintiff for premises 1830 North 22d street, Philadelphia. The case stated set forth the fifth clause of the lease between the parties, which was as follows : “ Y. That either party hereto may determine this lease at the end of said term by giving the other notice thereof in writing at least three months prior thereto, but in default of such notice this lease shall continue upon the same…

1Opinion of the Court

Opinion by

Me. Justice Mitchell,

A tenant cannot escape liability for the rent of another term by giving notice that he is going out at the end of his year, and then not going. That actions speak louder than words is sound law as well as proverbial wisdom.

Judgment reversed and judgment ordered to be entered for plaintiff for the full amount of his claim with interest.

2Cited by17 opinions

  1. Dorrance's EstateSupreme Court of Pennsylvania · 1932
  2. Scranton City v. Peoples Coal Co.Supreme Court of Pennsylvania · 1922
  3. Cusamano v. Anthony M. DiLucia, Inc.Superior Court of Pennsylvania · 1980
  4. Commonwealth Ex Rel. Meth v. MethSuperior Court of Pennsylvania · 1944
  5. Cairns v. LlewellynSuperior Court of Pennsylvania · 1896

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