Legal Opinion

Moore v. Gardiner

Supreme Court of Pennsylvania

Decided April 16, 1894No. Appeal, No. 245PublishedCited by 4 opinions

Appeal, No. 245, Jan. T., 1894, by defendant, William H. Gardiner, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 126, on verdict for plaintiff, Joseph C. Moore. Assumpsit for rent. Before Reed, J. At the trial it appeared that, on Jan. 30, 1890, defendant leased from plaintiff the premises No. 1606 North 18th street in the city of Philadelphia for the term of one year.

Read the full summary

Appeal, No. 245, Jan. T., 1894, by defendant, William H. Gardiner, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 126, on verdict for plaintiff, Joseph C. Moore. Assumpsit for rent. Before Reed, J. At the trial it appeared that, on Jan. 30, 1890, defendant leased from plaintiff the premises No. 1606 North 18th street in the city of Philadelphia for the term of one year. By the-terms of the lease the tenant was “ not to use or occupy the-premises other than as a private dwelling, without the written consent of the lessor, and during the said term to keep the premises in good…

1Opinion of the Court

Per Curiam,

When the defendant remained over in possession of the leased premises after the end of the first year, he thereby became a *177tenant for another year under the express terms of the lease. He remained in possession for several months of the second 3rear and then abruptly left without giving any notice of his intention to do so as was required by the lease. He could not relieve himself of his liability for rent during the remainder of the second year in that manner. Nor will it be of aity avail to allege certain verbal communications between the parties prior to and at the time of the…

2Cases cited2 opinions

  1. Wolfe v. ArrottSupreme Court of Pennsylvania · 1885
  2. Crawford v. SimonSupreme Court of Pennsylvania · 1894

3Cited by4 opinions

  1. Piper v. FletcherSupreme Court of Iowa · 1901
  2. Wood v. CarsonSupreme Court of Pennsylvania · 1917
  3. Spaulding v. JusticeSuperior Court of Pennsylvania · 1917
  4. Sutton v. ReedSuperior Court of Pennsylvania · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API