Legal Opinion

Borough v. Walters

Supreme Court of Pennsylvania

Decided March 7, 1892No. Appeal, No. 23PublishedCited by 7 opinions

Appeal, No. 23, July T., 1891, by defendants, Lewis R. Walters, et al., from judgment of C. P. Chester Co., Oct. T., 1888, No. 68, on verdict for plaintiff. Appeal from judgment of justice of the peace in proceedings to obtain possession under the landlord and tenant act of December 14, 1863. • At the trial before Hemphill, J., the facts appeared as stated in the opinion of the Supreme Court.

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Appeal, No. 23, July T., 1891, by defendants, Lewis R. Walters, et al., from judgment of C. P. Chester Co., Oct. T., 1888, No. 68, on verdict for plaintiff. Appeal from judgment of justice of the peace in proceedings to obtain possession under the landlord and tenant act of December 14, 1863. • At the trial before Hemphill, J., the facts appeared as stated in the opinion of the Supreme Court. The court charged in part as follows: “ On May 5,1875, the plaintiffs leased to the defendants the premises in controversy for a period of ten years, and they entered upon and occupied the same under…

1Opinion of the Court

Opinion by

Me. Justice Williams,

This case depends on the character of the defendant’s tenancy. It is conceded that they went into possession of the lot in question under a lease for ten years from the 5th day of May, 1875, and erected an armory thereon. As their term approached its close the defendants entered into negotiations with the borough authorities for the purpose of securing an extension or renewal of the lease. These culminated in' the adoption by the borough council of a resolution extending the lease for a further period of five years, with a proviso that the defendants should quit…

2Cases cited1 opinion

  1. Lesley v. RandolphSupreme Court of Pennsylvania · 1833

3Cited by7 opinions

  1. Routman v. BohmSuperior Court of Pennsylvania · 1961
  2. Burgess & Town Council v. WaltersSupreme Court of Pennsylvania · 1898
  3. Rindge Building v. United Automobile InsuranceMichigan Supreme Court · 1924
  4. Wilmington Trust Co. v. County of AlleghenyDistrict Court, W.D. Pennsylvania · 2009
  5. Hibberd B. Worrell & Co. v. Pennsylvania Petroleum TransportationPennylvania Municipal Court, Philadelphia County · 1946

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