Nathan v. Sinclair
Superior Court of Pennsylvania
Appeal, No. 409, Oct. T., 1916, by defendant, from judgment of O. P. No-. 4, Philadelphia Co., June T., 1915, No. 5056, overruling demurrer to statement of claim in case of Harry M. Nathan v. Sinclair and Valentine Company. Assumpsit for rent of premises No. 152 North Eleventh street, Philadelphia, for a year from July 1, 1915, to July 1,1916. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 409, Oct. T., 1916, by defendant, from judgment of O. P. No-. 4, Philadelphia Co., June T., 1915, No. 5056, overruling demurrer to statement of claim in case of Harry M. Nathan v. Sinclair and Valentine Company. Assumpsit for rent of premises No. 152 North Eleventh street, Philadelphia, for a year from July 1, 1915, to July 1,1916. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling demurrer and in entering judgment for plaintiff for $1,154.25.
1Opinion of the Court
Opinion by
Trexler, J.,
The court entered judgment for want of a sufficient affidavit of defense. The lease entered into was dated April 24,1912, and was a demise for a term of two years from the first day of July, 1912, rent to begin from the first day of July, 1912. There is a provision in the lease which reads, “It is hereby mutually agreed that either party hereto may determine this lease at the end of said term, or any renewal thereof, by giving the other written notice thereof at least three months prior thereto, but, in default of such notice, this lease shall continue upon the same…
2Cases cited4 opinions
- Cairns v. LlewellynSuperior Court of Pennsylvania · 1896
- Marys v. AndersonSupreme Court of Pennsylvania · 1855
- Nesbit v. GodfreySupreme Court of Pennsylvania · 1893
- Binswanger v. DeardenSupreme Court of Pennsylvania · 1890
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- Abell v. BishopMontana Supreme Court · 1930
- Loughney v. QuigleySupreme Court of Pennsylvania · 1924
- Gallagher v. WoodSuperior Court of Pennsylvania · 1930
- Camac v. Reese, Pennsylvania Court of Common Pleas, Delaware County1925
- Trio Garage & Service Co. v. Huffman-Wolfe Co.Superior Court of Pennsylvania · 1930