Legal Opinion

Worrell v. Rosenberry

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 273PublishedCited by 3 opinions

Appeal, No. 273, Oct. T., 1919, by defendant, from order of C. P. No. 4, Phila. County, June Term, 1919, No. 8024, discharging rule to open judgment in the case of LeEoy A. Worrell, Agent, to the use of Jacob Toub, y. Frederick B. Rosenberry. Rule to open judgment entered by confession. The opinion of the Superior Court states the case. The court discharged the rule. Defendant appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Keller, J.,

The appellant became tenant of certain premises under a written lease for the term of one month from November 10, 1917, and thereafter from month to month, at the rental of $17 per month.

The sole question raised by this appeal is the construction of the following clause in the lease: “It is mutually agreed that either party hereto may determine this lease at the end of said term by giving to the other notice thereof at least one month prior thereto, but in default of such notice this lease shall continue upon the same terms and conditions as herein contained, for a…

2Cases cited3 opinions

  1. Phillips v. MongesSupreme Court of Pennsylvania · 1839
  2. Effinger v. LewisSupreme Court of Pennsylvania · 1859
  3. Swigert v. HartzellSuperior Court of Pennsylvania · 1902

3Cited by3 opinions

  1. Reading Terminal Merchants Ass'n v. Samuel Rappaport AssociatesSuperior Court of Pennsylvania · 1983
  2. Diamond v. DruckerSuperior Court of Pennsylvania · 1955
  3. Joseph B. Dahlkemper Co. v. Liberatore (In re Joseph B. Dahlkemper Co.)District Court, W.D. Pennsylvania · 1994

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