Smucker v. Grinberg
Superior Court of Pennsylvania
Appeal, No. 222, Oct. T., 1904, by defendants from order of C. P. No. 3, Phila. Co., March T., 1904, No. 2228, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Solomon Smucker v. Hannah Grinberg et al., trading as Manhattan Storage Co., and D. Grinberg and A. Morris.
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Appeal, No. 222, Oct. T., 1904, by defendants from order of C. P. No. 3, Phila. Co., March T., 1904, No. 2228, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Solomon Smucker v. Hannah Grinberg et al., trading as Manhattan Storage Co., and D. Grinberg and A. Morris. Assumpsit for rent, from January 1, 1904 to March 29, 1904. The affidavit of defense averred that the defendants did enter into a lease as set forth in exhibit “ A ” of plaintiff’s statement of demand and continued in possession of said premises until November 24, 1903, and paid the rent…
1Opinion of the Court
Opinion by
Rice, P. J.,
In this action of assumpsit the plaintiff sought to recover rent from January 1, 1904, to March 29, 1904, under a lease which provided that it should continue from year to year “ until either party shall give four months’ previous notice of the intention to determine such term.” Undoubtedly one purpose *535of this provision was to put the landlord and the tenants on equal footing, so that the former should know a reasonable time before the end of the year whether he must seek another tenant and the tenants should know whether-they must seek another place of business: Lane v.…
2Cases cited6 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Lane v. NelsonSupreme Court of Pennsylvania · 1895
- Lipper v. Bouvé, Crawford & Co.Superior Court of Pennsylvania · 1898
- Gardiner v. BairSuperior Court of Pennsylvania · 1899
- Pierson v. KrauseSupreme Court of Pennsylvania · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hochman v. KueblerSuperior Court of Pennsylvania · 1913
- Smith v. HuntSupreme Court of Rhode Island · 1911
- Fish Et Ux. v. KayeSuperior Court of Pennsylvania · 1938
- Moore v. EyreSuperior Court of Pennsylvania · 1906
- Ely v. Friedrich, Pennsylvania Court of Common Pleas, Delaware County1968
3 more not listed; retrieve them via the Exa API.