Mace v. Wilson

Citations

• 49 Pa. Super. 378
• 1912 Pa. Super. LEXIS 334

Syllabus

<p>Landlord and tenant — Lease—Oral agreement — Evidence—Removal of straw from premises.</p> <p>1. Where a lease for a year with a privilege of an additional year, contains a provision that no wheat straw should be sold off the premises, and the tenant holds over from year to year for several years, and finally in the last year of his tenancy attempts to remove the wheat straw, but is prevented by the lessor’s successor in title to the leased premises, the lessee may show in an action for the price of the straw, that at the time the lease was executed a verbal agreement was entered into between him and the lessor to the effect that if he held over after the termination of the lease he should be required to leave at the end of his tenancy no more straw than was in the place at the beginning of his term, and that he in fact did leave a greater quantity of straw than was in the place at the beginning. The admission of such evidence does not violate the general rule prohibiting the proof of an oral agreement to vary the written instrument without proof of fraud, accident or mistake.</p> <p>2. In such a case the successor in title of the lessor acquired no greater right than that of his grantor, and was put on inquiry as to the terms of the lessee’s tenancy.</p>