Cairns v. Llewellyn
Superior Court of Pennsylvania
Appeal, No. 47, Nov. T., 1896, by plaintiffs, from judgment of C. P.No. 3, Pbila. Co., Dec. T., 1892, No. 409, on verdict for defendants. Assumpsit to recover rent under a written lease. The facts sufficiently appear from tbe opinion of tbe Superior Court. Plaintiffs’ points and answers thereto were as follows : 1. In tbe absence of any agreement to tbe contrary, it is tbe duty of tbe tenant to seek the landlord for the purpose of surrendering leased property.
Read the full summary
Appeal, No. 47, Nov. T., 1896, by plaintiffs, from judgment of C. P.No. 3, Pbila. Co., Dec. T., 1892, No. 409, on verdict for defendants. Assumpsit to recover rent under a written lease. The facts sufficiently appear from tbe opinion of tbe Superior Court. Plaintiffs’ points and answers thereto were as follows : 1. In tbe absence of any agreement to tbe contrary, it is tbe duty of tbe tenant to seek the landlord for the purpose of surrendering leased property. Answer: Refused. [11] 2. It was tbe duty of tbe defendants to surrender tbe property to tbe plaintiffs immediately upon tbe expiration…
1Opinion of the Court
Opinion by
Wickham, J.,
The appellants, by an agreement in writing, dated Novem*607ber 4, 1886, let, to the appellees, for the term of three years from that date, certain premises in Philadelphia, to be used as a brewery.
The dispute between the parties concerns the meaning and effect of the following covenant in the lease, viz: “ It is hereby further agreed, that the said lessees shall have the privilege and option of renting the said premises for a further term of three years from the expiration of this lease.” It is not immaterial to observe here that the lessees covenanted to “ yield up and…
2Cases cited13 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Delashman v. BerryMichigan Supreme Court · 1870
- Long v. . StaffordNew York Court of Appeals · 1886
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cusamano v. Anthony M. DiLucia, Inc.Superior Court of Pennsylvania · 1980
- Aaron v. WoodcockSupreme Court of Pennsylvania · 1925
- White v. LongSupreme Court of Pennsylvania · 1927
- Lipper v. Bouvé, Crawford & Co.Superior Court of Pennsylvania · 1898
- Emery v. MetznerSuperior Court of Pennsylvania · 1959
12 more not listed; retrieve them via the Exa API.