Bitzer v. Killinger
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action on the case in assumpsit, brought November 8th 1858, by Isaac Bitzer against David Killinger.
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Error to the Common Pleas of Lancaster county. This was an action on the case in assumpsit, brought November 8th 1858, by Isaac Bitzer against David Killinger. The case was this: — Isaac Bitzer, the plaintiff, became the tenant of David Longnecker of a farm, &c., in Lancaster county, in the spring of 1852. In March 1857 Longnecker sold the farm to David Killinger, the defendant, together with the hay and straw on the place, and Bitzer remained on the premises as the tenant of Killinger until the spring of 1858, when he removed therefrom. On the 81st of October 1857, Bitzer brought suit…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The question discussed under the fir'st assignment of error was whether a farm tenant whose lease bound him to feed, on the farm, all the hay and fodder made there, might give in evidence a custom of the country which allows tenants to take away as much hay at the termination of their lease as they brought upon the premises at the beginning of the term. The plaintiff 'alleged that when he leased the premises of Longnecker in 1852, he brought there twenty-five tons of hay and straw, and that he had on hand in the spring of 1857, when he…