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.
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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.…
1Opinion of the Court
Opinion by
Linn, J.,
This is a suit to recover rent. Judgment was entered against plaintiff for want of a sufficient statement of claim. He avers that defendant occupied his house two years under a written lease and then moved without giving notice; that the second year’s occupation was “with the consent of the plaintiff,” but that her removal was without having given “three months’ written notice prior to October 8, 1915, the expiration of the then current term, of her intention to terminate the lease and remove from the premises”; and that the failure to give such notice rendered her liable…
2Cases cited2 opinions
- Ashhurst v. Eastern Pennsylvania Phonograph Co.Supreme Court of Pennsylvania · 1895
- MacGregor v. RawleSupreme Court of Pennsylvania · 1868
3Cited by1 opinion
- Abbott v. Cushman's Sons, Inc.Superior Court of Pennsylvania · 1937