Stover v. Cadwallader
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton County. Assumpsit commenced March 29th, 1877, by Samuel R. Stover against Rash Cadwallader, Frank M. Welsh, and William C. Sanderson, late trading as Cadwallader, Welsh & Co., to recover for use and occupation. Cadwallader was not served, and the remaining defendants pleaded non assumpserunt, payment with leave, set-off, and the statute of limitations.
Read the full summary
Error to the Court of Common Pleas of Clinton County. Assumpsit commenced March 29th, 1877, by Samuel R. Stover against Rash Cadwallader, Frank M. Welsh, and William C. Sanderson, late trading as Cadwallader, Welsh & Co., to recover for use and occupation. Cadwallader was not served, and the remaining defendants pleaded non assumpserunt, payment with leave, set-off, and the statute of limitations. Upon the trial in the Court below, before Mayer, P. J., the plaintiff, Stover, testified substantially as follows: “I owned the undivided one-fourth part of a grist-mill, plaster-mill, and woollen…
1Opinion of the Court
— Per Curiam:
By the provisions of the statute of frauds, March 21st, 1772,1 Sm., L., 389, all'parol leases exceeding the term of three years from the making thereof, shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect, any consideration for making any such parol leases or estates, or any former law or usage to the contrary notwithstanding. Where an annual rent is reserved, such leases are now construed to be leases from year to year. In this case there was a parol lease for…
2Cited by4 opinions
- Holland Furnace Co. v. Keystone Dehydrating Co.Superior Court of Pennsylvania · 1942
- Jennings v. McCombSupreme Court of Pennsylvania · 1886
- McDowell v. Henry German Baking Co.Superior Court of Pennsylvania · 1935
- Purman v. FitchSupreme Court of Pennsylvania · 1945