Legal Opinion

Mace v. Wilson

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 159PublishedCited by 2 opinions

Appeal, No. 159, Oct. T., 1911, by defendant, from judgment of C. P. Chester Co., Jan. Term, 1910, No. 108, on verdict for plaintiff in case of Paul Y. Mace v. C. C. Wilson. Assumpsit for the value of certain wheat straw. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $102.30. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff leased a farm from the heirs of Nathan and Maria Griffith for one year from April 1, 1904, with the privilege of an additional year at the annual rental of $275. The lease contained the clause "No wheat straw to be sold off the premises.” The tenant exercised the option for the additional year, the effect of which was to create a two years’ term under the original lease. He subsequently held over from year to year until the first day of April, 1909, at which later date a crop of wheat sowed by him was growing on the farm. During the last year of his…

2Cases cited2 opinions

  1. Phillips v. MongesSupreme Court of Pennsylvania · 1839
  2. Hemphill v. FlynnSupreme Court of Pennsylvania · 1845

3Cited by2 opinions

  1. Fayes, Inc. v. KlineDistrict Court, S.D. New York · 1955
  2. F. A. North Co. v. SeigelSuperior Court of Pennsylvania · 1929

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