Legal Opinion

Walker v. Githens

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 250PublishedCited by 4 opinions

Appeal, No. 250, Jan. T., 1893, by plaintiff, Dwight F. Walker, from judgment of C. P. No. 3, Phila. Co., June T., 1890, No. 649, on verdict for defendants, E. S. G-ithens et al. Replevin for goods distrained for rent.

Read the full summary

Appeal, No. 250, Jan. T., 1893, by plaintiff, Dwight F. Walker, from judgment of C. P. No. 3, Phila. Co., June T., 1890, No. 649, on verdict for defendants, E. S. G-ithens et al. Replevin for goods distrained for rent. At the trial, before Finletteb, P. J., it appeared that defendant leased to plaintiff and Edward A. Walker certain premises for the term of five years from August 1,1876. Defendant claimed that after the expiration of the lease the term of the tenancy had been changed. He offered to prove that in 1876 the parties went into possession of the premises in question, under the…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The offer of the appellant was to show that although he had gone into possession under the lease in evidence, yet at the time the rent distrained for accrued he was no longer in under the lease but under a new contract. This was entirely competent. The term under the lease had admittedly expired, but appellant had continued in possession, and the presumption therefore was that he was a tenant from year to year under all the terms of the lease that were aj^plicable. But it was entirely competent for the parties to make a different agreement at any time, and of…

2Cited by4 opinions

  1. McMenamy v. Director, Division of TaxationNew Jersey Tax Court · 1981
  2. Newman v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1902
  3. Rohbock v. McCargoSuperior Court of Pennsylvania · 1897
  4. Jawer v. BornerSupreme Court of Pennsylvania · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API