Lyons v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 2, May T., 1904, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1902, No. 207, on verdict for defendant in case of W. H. Lyons and H. H. Treon, Tenants of Frank A. Rieker, owner, trading as Lyons & Treon, v. Philadelphia & Reading Railway Company. Appeal from report of viewers.
Read the full summary
Appeal, No. 2, May T., 1904, by plaintiff, from judgment of C. P. Dauphin Co., Sept. T., 1902, No. 207, on verdict for defendant in case of W. H. Lyons and H. H. Treon, Tenants of Frank A. Rieker, owner, trading as Lyons & Treon, v. Philadelphia & Reading Railway Company. Appeal from report of viewers. From the record it appeared that plaintiffs who were liquor dealers, entered into a verbal undertaking with Rieker, the then owners, the terms of which were that they agreed to pay twenty-five cents for each barrel of beer more than the regular price elsewhere, as rental. The rental was “…
1Opinion of the Court
Pee Ctteiam:,
The appellants were tenants at will of Rieker. The agreement under which they went into possession was altogether indefinite as to the time it was to last; they were to “ remain as long as they wanted.” The rent was not fixed either as to amount or time of payment, but was determined by the number of barrels of beer they should purchase from their lessor, and was payable “ just as the beer bill was payable.” *552A clearer case of tenancy at will would be hard to discover. Under such circumstances the mere fact that the tenancy ran along for more than a year did not change its…
2Cases cited2 opinions
- M'Dowell v. SimpsonSupreme Court of Pennsylvania · 1834
- Dumn v. RothermelSupreme Court of Pennsylvania · 1886
3Cited by6 opinions
- Sinclair Pipe Line Company v. United StatesUnited States Court of Claims · 1961
- Robinson v. KuhenSuperior Court of Pennsylvania · 1924
- Guenther v. Gilchrist Improved Jar Co.Superior Court of Pennsylvania · 1905
- Vragovich v. City of Lebanon Parking Authority, Pennsylvania Court of Common Pleas, Lebanon County1973
- Cochran v. GibsonCourt of Appeals of Texas · 1917
1 more not listed; retrieve them via the Exa API.