Wilcox v. Montour Iron & Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 137, July T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1888, No. 319, on verdict for plaintiff, James M. Wilcox. Assumpsit to recover rent of premises 216 So. Third street, in Philadelphia, for eleven months, ending March 1, 1888. The provisions of the lease are set forth in the opinion of the Supreme Court.
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Appeal, No. 137, July T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1888, No. 319, on verdict for plaintiff, James M. Wilcox. Assumpsit to recover rent of premises 216 So. Third street, in Philadelphia, for eleven months, ending March 1, 1888. The provisions of the lease are set forth in the opinion of the Supreme Court. At the trial before Allison, P. J., defendant’s counsel made the following offers: “ I offer to prove that the defendant vacated the demised premises, and tendered the possession thereof to the plaintiff before the first day of March, 1887.”…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The first clause of the lease creates a term for one year, and if there were nothing further upon the term appellant would clearly be right in its contention that its liability for rent *543ceased with the year. But the subsequent clause numbered seven must be construed together with the first, and as part of the language of the parties defining the term created. Clause seven begins: “ From and after the expiration of the term hereby created, this lease shall be deemed to be renewed, and in force for another year.” If it had stopped here it would have been a…
2Cases cited3 opinions
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