Fox River Butter Co. v. Dickson Mill & Grain Co.

Citations

• 70 Pa. Super. 56
• 1918 Pa. Super. LEXIS 168

Syllabus

<p>Landlord and tenant — Oral lease — Evidence—Vacation of premises — Assignment of lease — Oase for jury.</p> <p>In au action by a tenant against a subtenant to recover rent for a room in the leased premises, where there is evidence that the representatives of the two parties, before the expiration of the term which was about to expire, met and agreed upon an increase of rent for the room for the new term, and that subsequently a written lease was presented by the plaintiff to the defendant, which the latter declined to sign, and the defendant vacated the premises at the end of the existing term, the question is for the jury as to whether the verbal agreement was a definite lease, or whether in contemplation of the parties it was merely preliminary to the signing of a written lease.</p> <p>Where it appears that after the vacation of the premises that one of the other tenants removed a partition of the room, and occupied a part of it, and that another tenant put some boxes in the room, and there is no evidence that this was done with the knowledge of the plaintiff, but the court submits to the jury the question whether these things were done with the knowledge, acquiescence and consent of the plaintiff, a verdict and judgment for the plaintiff will not be disturbed on appeal.</p> <p>Where the plaintiff after the vacation of the premises assigned in writing its entire interest in the lease, but subsequently the portion occupied by the defendant was excluded in an assignment which was pasted over the first assignment, the case is for the jury to determine whether it was the intention of the parties to convey the entire interest, or whether the substitution of the second assignment was a correction of the first and disclosed the real intention of the parties.</p> <p>In such ease a mere conversation between two of the employees of the defendant is irrelevant. What the jury is entitled to know is what passed between the parties to the lease.</p>