Hollis v. Burns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1881, No. 91. Assumpsit, by Eleanor A. Richards, Trustee, under the will of William H. Richards, deceased, against E. A. Burns, to recover for the use and occupation of premises, No. 225 North Thirteenth Street, Philadelphia, for a period of four months.
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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term 1881, No. 91. Assumpsit, by Eleanor A. Richards, Trustee, under the will of William H. Richards, deceased, against E. A. Burns, to recover for the use and occupation of premises, No. 225 North Thirteenth Street, Philadelphia, for a period of four months. On the trial, before Biddle, J., the facts appeared to be as follows On September 6th 1877, defendant called at the office of the agent having charge of the premises and expressed her desire to Joase the same. The agent told her she might have the house for $600…
1Opinion of the CourtJustice Mercur
The plaintiff declared in assumpsit on an implied contract for use and occupation of a certain dwelling-house. The defendant had rented the house aud occupied it for twenty months. Then she withdrew therefrom, notified the plaintiff, paid the rent up to that time, and tendered the key, which the plaintiff retained in such a manner as not to release her from liability for the unexpired portion of the year in case she was legally chargeable therefor.
The plaintiff claims she was a tenant from year to year, and seeks to recover rent for four months after she left the house. The defendant alleges…
2Cases cited2 opinions
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Shaffer v. SuttonSupreme Court of Pennsylvania · 1812
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