Legal Opinion

Stiles v. Himmelwright

Superior Court of Pennsylvania

Decided April 16, 1901No. Appeal, No. 198PublishedCited by 1 opinion

Appeal, No. 198, Oct. T., 1900, by defendant, from judgment of C. P. Lehigh Co., Jan. T., 1900, No. 21, on verdict for plaintiffs in case of Harry G. Stiles v. John K. Himmelwright and Milton T. Kline, trading as J. K. Himmelwright & Company. Appeal from judgment of a justice of the peace. Before AlBBIGHT, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff.

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Appeal, No. 198, Oct. T., 1900, by defendant, from judgment of C. P. Lehigh Co., Jan. T., 1900, No. 21, on verdict for plaintiffs in case of Harry G. Stiles v. John K. Himmelwright and Milton T. Kline, trading as J. K. Himmelwright & Company. Appeal from judgment of a justice of the peace. Before AlBBIGHT, P. J. The facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $52.04. Defendants appealed. Error assigned was in directing judgment for plaintiff.

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The defendants went into possession of certain real estate on April 1, 1894, under a lease bearing date March 29, 1894, for *651the term of one year ending April 1, 1895. They continued in possession, after the expiration of the original term, and finally moved out on April 1, 1899. The plaintiffs had succeeded to the title of the original lessor by descent, and were entitled to all the rights of the landlord under the lease. The defendants had paid the rent for the five years during which they continued to occupy the premises. This action involves the question of the…

2Cases cited5 opinions

  1. Lane v. NelsonSupreme Court of Pennsylvania · 1895
  2. Wilcox v. Montour Iron & Steel Co.Supreme Court of Pennsylvania · 1892
  3. Gardiner v. BairSuperior Court of Pennsylvania · 1899
  4. Ashhurst v. Eastern Pennsylvania Phonograph Co.Supreme Court of Pennsylvania · 1895
  5. Megargee v. LongakerSuperior Court of Pennsylvania · 1899

3Cited by1 opinion

  1. Byren & Weil, Inc. v. French & Keeley, Inc.Superior Court of Pennsylvania · 1931

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