Baxter v. Maull
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1919, by plaintiff, from judgment of Municipal Court of Philadelphia, May T., 1916, No. 498, in favor of defendant on motion for want of a sufficient statement of claim in the case of Thomas E. Baxter v. Emma M. Maull. Assumpsit on a written lease. Before Bartlett, J. Rule for judgment for want of sufficient statement of claim. The opinion of the Superior Court states the case. The court made absolute the rule. Plaintiff! appealed.
Read the full summary
Appeal, No. 163, Oct. T., 1919, by plaintiff, from judgment of Municipal Court of Philadelphia, May T., 1916, No. 498, in favor of defendant on motion for want of a sufficient statement of claim in the case of Thomas E. Baxter v. Emma M. Maull. Assumpsit on a written lease. Before Bartlett, J. Rule for judgment for want of sufficient statement of claim. The opinion of the Superior Court states the case. The court made absolute the rule. Plaintiff! appealed. Error assigned, among others, was the order of the court. cited: MacGregor v. Rawle, 57 Pa. 184; Gardiner v. Bair, 10 Pa. Superior Ct.…
1Dissent
Dissenting Opinion by
Porter, J.:
The determination of the question raised by this appeal is dependent solely upon the construction of the covenants of a written contract. The lease, in its first paragraph, was for a definite term of one year, and the covenants fixing the rights of the parties in case the tenant continued to occupy the premises after the expiration of that term are contained in the seventh paragraph, which is as follows:
“Seventh — If the lessee shall continne in the occupation of the said demised premises after the expiration of the term hereby created, with the consent of the…
2Cases cited4 opinions
- Lane v. NelsonSupreme Court of Pennsylvania · 1895
- Wilcox v. Montour Iron & Steel Co.Supreme Court of Pennsylvania · 1892
- Ashhurst v. Eastern Pennsylvania Phonograph Co.Supreme Court of Pennsylvania · 1895
- MacGregor v. RawleSupreme Court of Pennsylvania · 1868