Swigert v. Hartzell
Superior Court of Pennsylvania
Appeal, No. 21, March T., 1902, by plaintiff, from order of C. P. Cumberland Co., May T., 1900, No. 577, refusing to take off nonsuit in case of George W. Swigert & Son v. C. D. Hartzell. Appeal from judgment of justice of the peace in an action by a lessor to obtain possession of a leasehold at end of term under the act of December 11, 1863. Before E. W. Biddle, P. J. The opinion of the Superior Court states the case. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
William W. Porter,
The case at bar involves the construction to be placed upon a written lease. The questions presented are, Does the lease give to the lessee, at his option, a right to possession from year to year for an indefinite time ? Or, by reason of the notice given of intention to occupy for one year after the expiration of the term, did the lessee exercise his privilege and limit his right to possession? The language of the lease is not absolutely clear. Therefore, the circumstances attending its execution, and the acts of the parties subsequent thereto, may be scrutinized…
2Cases cited3 opinions
- Berridge v. GlasseySupreme Court of Pennsylvania · 1886
- Effinger v. LewisSupreme Court of Pennsylvania · 1859
- Lewis v. EffingerSupreme Court of Pennsylvania · 1858
3Cited by7 opinions
- Pettit v. TourisonSupreme Court of Pennsylvania · 1925
- Page v. WilsonSuperior Court of Pennsylvania · 1942
- Rochester & Pittsburgh Coal & Iron Co. v. Makoma Coal Co.Supreme Court of Pennsylvania · 1921
- Worrell v. RosenberrySuperior Court of Pennsylvania · 1920
- Barr v. March, Pennsylvania Court of Common Pleas, Chester County1972
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