Edmundson v. Singer Sewing Machine Co.

Citations

• 51 Pa. Super. 545
• 1912 Pa. Super. LEXIS 256

Syllabus

<p>Landlord and tenant — Surrender of term — Principal and agent— Burden of proof — Evidence.</p> <p>1. In an action for rent, where the defense set up is a surrender of the term by the lessee and the acceptance of the same by the lessor, the burden of proof is upon the defendant to establish such surrender and acceptance.</p> <p>2. An agent with power to lease land and collect the rents thereof, has no authority to accept a surrender of the term.</p> <p>3. A receipt signed by an agent of the landlord for a portion of rent due with a statement that the balance is to be collected from a “ subtenant ” named is not in itself evidence that the term had been surrendered by the lessee and accepted by the lessor.</p>