Guenther v. Gilchrist Improved Jar Co.

Citations

• 28 Pa. Super. 232
• 1905 Pa. Super. LEXIS 172

Syllabus

<p>Landlord and tenant — Lease—Ejectment—Rule to open judgment — Holding over.</p> <p>Where a judgment has been entered under an ejectment clause in a lease, and the lease contains a covenant on the part of the tenant not to take a rule to open the judgment, a subtenant who is subject to the terms of the lease can make no motion to open the judgment; and a stranger to the record who has no privity of estate with either the tenant or subtenant has no standing to attack the judgment.</p> <p>To entitle a tenant holding over to claim any rights either as tenant at will or tenant from year to year, the holding over must be continued under such circumstances as to authorize the implication of assent upon the part of the landlord.</p>