King v. Myers

Citations

• 60 Pa. Super. 345
• 1915 Pa. Super. LEXIS 195

Syllabus

<p>Landlord and tenant — Lease by executor — Power of sale — Written authority.</p> <p>A mere power of sale in a will does not give the executor power to lease real estate specifically devised by the will; if the executor executes a lease for more than three years without written authority from the devisees, the lease is void; and the acceptance of rent from the executor by the devisees will not be considered a ratification of the lease in the absence of a writing to that effect.</p> <p>Practice, C. 'P. — Amendment—Imposition of costs.</p> <p>Where a plaintiff at a trial asks permission to amend his statement, the trial judge in allowing the amendment, may impose as a condition that all the costs he paid by the plaintiff, if it appeared that through fault of the plaintiff there had been considerable delay in bringing the case to trial.</p> <p>Evidence — Cross-examination—Review.</p> <p>It is only in extreme cases where it is plain that the parties objecting to alleged improper cross-examination have been injured, that the appellate courts will reverse on such grounds.</p> <p>Landlord and tenant — Notice to quit — Authority of agent.</p> <p>' Where the evidence is conflicting' as to the authority of an agent to give a notice to quit, the question is for the jury.. .•: ' #</p> <p>Landlord and tenant — Wrongful ejection — Damages.</p> <p>In an action of trespass by a tenant for an alleged wrongful ejection, if the record shows that the plaintiff had continued in possession until March 30, 1912, the court cannot be convicted of error in limiting recovery to the time subsequent to that date.</p>