Walker v. Githens
Supreme Court of Pennsylvania
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.
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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…
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