Wilgus v. Whitehead
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1876, No. 270. Replevin by Edwin C. Wilgus against William. W. Whitehead. Defendant avowed for rent in arrear. On May 6th 1866, Whitehead demised to Wilgus, by a lease under seal, certain premises for one year, at a monthly rental of $20, payable in advance.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1876, No. 270. Replevin by Edwin C. Wilgus against William. W. Whitehead. Defendant avowed for rent in arrear. On May 6th 1866, Whitehead demised to Wilgus, by a lease under seal, certain premises for one year, at a monthly rental of $20, payable in advance. The lease contained a provision “that if Wilgus should continue on the premises after the termination of th'e contract, then this contract is to continue in full force for another year, and so on from year to year until legal notice is given for a removal.”…
1Opinion of the CourtJustice Trunkey
delivered the opinion of the court, March 3d 1879. •
The lease was made on the 6th May 1866, for the term of one ye^r from that date, with a covenant that “this contract is to continue in full force for another year, and so on, from year to year, until legal notice is given for a removal.” Rent was to be paid monthly in advance. The lessee continued on the premises till May 1874, under said lease, as claimed by the lessor, but the lessee claims that the last year was under a parol contract. As the cause is presented it must be considered as if the parties, in March 1873, agreed to make a…
2Cases cited2 opinions
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Keating v. PriceNew York Supreme Court · 1799
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- Hostetter v. HooverSupreme Court of Pennsylvania · 1988
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- Novice v. AlterSupreme Court of Pennsylvania · 1927
- Stapleton v. HortonSuperior Court of Pennsylvania · 1957
- Golden v. Willoughby, Pennsylvania Court of Common Pleas, Lehigh County1948
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