Gilbert v. Price
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1901, by plaintiff, from judgment of O. P. No. 1, Phila. Co., March T., 1900, No. 1299, on verdict for defendant in case of Jesse Gilbert and Albert E. Miller, Copartners, trading as Gilbert & Miller, v. Herman Price. Appeal from judgment of justice of the peace. Before Brégy, J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant.
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Appeal, No. 2, Oct. T., 1901, by plaintiff, from judgment of O. P. No. 1, Phila. Co., March T., 1900, No. 1299, on verdict for defendant in case of Jesse Gilbert and Albert E. Miller, Copartners, trading as Gilbert & Miller, v. Herman Price. Appeal from judgment of justice of the peace. Before Brégy, J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiffs by an agreement in writing leased to the defendant, for the term of four months, a store in the city of Philadelphia, at the rental of $35.00 per month payable monthly. The term began on May 8, 1899, and ended on September 8, in the same year. The lease contained these covenants: “It is hereby expressly understood and agreed by and between the parties hereto that the term of this lease is for four months and no longer from the date hereof, and the lessee waives the right to any further notice for possession at the expiration of above mentioned term;…
2Cases cited4 opinions
- Harding v. SeeleySupreme Court of Pennsylvania · 1892
- Lipper v. Bouvé, Crawford & Co.Superior Court of Pennsylvania · 1898
- Williams v. LadewSupreme Court of Pennsylvania · 1895
- Hemphill v. FlynnSupreme Court of Pennsylvania · 1845
3Cited by4 opinions
- Rekas v. DopkavichSupreme Court of Pennsylvania · 1949
- Emery v. MetznerSuperior Court of Pennsylvania · 1959
- Pittsburgh Allied Fabricators, Inc. v. HaberSupreme Court of Pennsylvania · 1970
- Pennell v. Foor, Pennsylvania Court of Common Pleas, Bedford County1948