McBrier v. Marshall
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. Nos. 21 and 305 January Term 1889, Sup. Ct.; court below, No. 18 September Term 1888, and No. 85 November Term 1888, C. P. On May 19, 1888, F. F. Marshall, Jos.
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ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. Nos. 21 and 305 January Term 1889, Sup. Ct.; court below, No. 18 September Term 1888, and No. 85 November Term 1888, C. P. On May 19, 1888, F. F. Marshall, Jos. McCarter and S. E. Norris, as executors of the will of James C. Marshall, deceased, brought assumpsit to No. 18 September Term 1888, against James McBrier and filed a statement of claim averring, in substance, as follows: That prior to March 12, 1881, James McBrier was in possession of water lots 61 and 62 in the city of Erie, by virtue of a lease and contract from James C. Marshall,…
1Opinion of the Court
*396No. 21.
Pee Cueiam :
When the defendant held over after the expiration of his term, he entered upon a second term of five years. It is true he sets forth in his affidavit, that in September, 1886, he notified the plaintiffs of his intention of vacating the demised premises on January 1,1887. But he did not go. He admits that he continued in possession until January 1, 1888. In the absence of any new agreement, his remaining over would be the equivalent of a renewal of the lease for five years. He does not aver a new agreement to remain for one year only. That he remained with the permission of…
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