Legal Opinion

Sizer v. Russett

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 3Published

Appeal, No. 3, Feb. T., 1899, by defendant, from judgment of C. P. McKean Co., Dec. T., 1897, No. 79, on verdict for plaintiff. Opinion by W. D. Porter, J. Appeal from judgment of magistrate. Before Morrison, J. It appears from the record and evidence that plaintiff instituted proceedings before a justice of the peace to recover possession of the leased premises.

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Appeal, No. 3, Feb. T., 1899, by defendant, from judgment of C. P. McKean Co., Dec. T., 1897, No. 79, on verdict for plaintiff. Opinion by W. D. Porter, J. Appeal from judgment of magistrate. Before Morrison, J. It appears from the record and evidence that plaintiff instituted proceedings before a justice of the peace to recover possession of the leased premises. The lease was for the term of one year from September 18, 1896, and included the following clauses : “ A lawful continuance. of the tenancy of said term shall be deemed a renewal thereof for the further term of one year, to end at…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

This was a proceeding, under the Act of December 14, 1863, P. L. (1864) 1125, to recover possession of demised premises. There are two questions presented by the specifications of error, first, Was the landlord required, under the terms of the lease, to give notice, prior to the expiration of the term, to the tenant to quit, in order to be entitled to proceed under this act ? Second, Was there any evidence of a renewal of the lease which ought to have been submitted to the jury?

The lease under which the defendant came into possession of the premises contained this…

2Cases cited3 opinions

  1. Wilcox v. Montour Iron & Steel Co.Supreme Court of Pennsylvania · 1892
  2. Wilgus v. WhiteheadSupreme Court of Pennsylvania · 1879
  3. Hutchinson v. PotterSupreme Court of Pennsylvania · 1849

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