Haines v. Elfman

Citations

• 235 Pa. 341
• 84 A. 349
• 1912 Pa. LEXIS 547

Syllabus

<p>Landlord and tenant — Lease—Principal and agent — Notice of termination — Attornment—Amendment—Parties.</p> <p>1. Where an agent for a brother and two sisters executes a lease in his own name, and subsequently the tenant attorns to the brother acting for himself and his sisters, a notice to quit given by the agent, but not acted upon either by the tenant or the owners of the property does not terminate the tenancy.</p> <p>2. Where in such a case the brother causes a judgment to be entered up in his own name against the tenant under a warrant of attorney in the lease, the record may be subsequently amended by substituting the name of the agent as plaintiff to the use of the three owners.</p> <p>3. A modification of a contract of letting in the single particular of the amount of rent to be paid may be made without varying the other conditions contained in the lease; such a change is not of necessity, either in law or in fact, an abandonment by either party of any of his other rights under the contract as drawn.</p> <p>4. The law does not regard the fractions of a day. A lease for a year beginning on the first day of April expires on the thirty first day of the following March.</p> <p>Judgment — Opening judgment — Practice, O. P.</p> <p>5. On a rule to open judgment it is good practice for the parties to submit requests for definite findings of fact and conclusions of law, or for the court to state such findings and conclusions of its own accord. .</p>