Hemphill v. Flynn
Supreme Court of Pennsylvania
Error to the District Court of the city and county of Philadelphia, Jan. 8th. — Use and occupation. A store was originally let by the year to L. & Co. On the 4th May, 1842, plaintiff agreed to permit defendant to occupy for the unexpired term of L. & Co.’s lease, with their assent, say up to the 1st Dec. 1842, for $500, payable 1st Sept, and Dec.
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Error to the District Court of the city and county of Philadelphia, Jan. 8th. — Use and occupation. A store was originally let by the year to L. & Co. On the 4th May, 1842, plaintiff agreed to permit defendant to occupy for the unexpired term of L. & Co.’s lease, with their assent, say up to the 1st Dec. 1842, for $500, payable 1st Sept, and Dec. On the 1st March, 1843, defendant, having quit possession, paid one quarter’s rent, and then tendered the key, which, after refusal, was accepted, subject to plaintiff’s right to bring the action : or without prejudice to the rights of either party,…
1Opinion of the CourtSergeant, J.
— The charge of the court below was, that as the lease to the defendant was originally for a definite period, until the expiration of the term of J. S. Lewis & Co., say 1st December, 1842, the plaintiff could only recover for one quarter. The fact that the lease to the defendant was only for a definite period, does not determine whether he might not become tenant for the ensuing year, under the circumstances that occurred. The decisions are, that where the lease is for a definite period, and the tenant holds over, the landlord may treat him as a tenant by sufferance, and turn him out without…
2Cases cited2 opinions
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Diller v. RobertsSupreme Court of Pennsylvania · 1825
3Cited by8 opinions
- Williams v. LadewSupreme Court of Pennsylvania · 1895
- Routman v. BohmSuperior Court of Pennsylvania · 1961
- Condran v. KennedySuperior Court of Pennsylvania · 1914
- Gilbert v. PriceSuperior Court of Pennsylvania · 1901
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
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