Heller v. Young
Citations
- 66 Pa. Super. 232
- 1917 Pa. Super. LEXIS 232
Syllabus
<p>Custom, — Farm lease — Bight to hay — Evidence—Landlord and tenant.</p> <p>A provision in a lease of a farm for one year giving the landlord one-half the grain, and two loads of hay as. rental, cannot be varied by proof of a custom to the effect that no hay could be sold off the place without the landlord’s consent, and that the landlord was entitled to have half of the proceeds thereof, where there is no evidence as to the time of the existence of the custom, nor of its extent, and where the two witnesses called to establish it may have described as a custom what was merely a prevailing practice with reference to terms of farm leases. Such a custom is also unreasonable.</p>
Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams
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