Condran v. Kennedy

Citations

• 56 Pa. Super. 356
• 1914 Pa. Super. LEXIS 92

Syllabus

<p>Landlord and tenant — Termination of tenancy — Notice—Continuance from year to year — Cotenants.</p> <p>1. Where three cotenants, one owning a half interest, and the other two each a quarter interest, execute a lease in writing for a term of years to the two cotenants who own a quarter interest each, and three months before the end of the year following the last year of the term the person' owning the one-half interest notifies the lessees that the rent for the ensuing year shall be for an increased amount stated, but the other terms knd conditions of the lease shall remain as before, and the other parties do not assent to this notice, and rent for the first three months of the ensuing year is paid and accepted at the old rate, the increased rate stated in the notice cannot be collected for the remaining months of the year.</p> <p>Set-off — Cotenants—Contribution—Payment of mortgage interest.</p> <p>2. Where three cotenants execute a lease of the joint premises to two of the cotenants as partners, and a suit is brought for rent against the partners by the other cotenant, the defendants cannot set off against the claim for rent a.payment of interest which the defendants had been compelled to make on a mortgage executed by all three of the cotenants, if it appears that the payment of interest was made after the suit for the rent had been begun. The rule which permits a surety to set up a cross demand after the impetration of the plaintiff’s writ does not apply to such a case.</p>