MacFadden v. Tomlinson

Harvey, J.,

— The preliminary objection by demurrer to the complaint in this action of ejectment rests upon the ground that the lease-hold of defendant has not been determined in accordance with the terms of the agreement of lease; and, therefore, plaintiff is not entitled to present possession of the demised premises.

The agreement creates a term of five months from November 1,1941, to April 1, 1942. Its pertinent provisions otherwise are:

The said lessee “doth . . . covenant and promise . . . he . . . shall and will at the expiration of the said term, yield up and surrender the possession of…