Markowitz v. Urban

Citations

• 77 Pa. Super. 540
• 1921 Pa. Super. LEXIS 312

Syllabus

<p>Real estate — Landlord and tenant — Eviction—Trials—Ovoss-examination — Parol agreement for exchange of real estate.</p> <p>Where, in an action to recover possession of a farm, the lanch lord testifies in direct examination that he sold the plaintiff some land, he may he asked on cross-examination the details of the sale, even although he had not been interrogated on the same in chief, and notwithstanding the fact that such cross-examination served to develop the defendants’ case. Having given his version of the arrangement under which he permitted the defendants to move into the house, it was entirely proper to permit the defendants to cross-examine him as to all that was said and done at the time, even although the result might be to bring out the facts upon which the defendants relied for their defense.</p> <p>Where a landlord asserts a verbal lease, it is permissible on the part of the defendants to produce evidence to establish that they were purchasers under an oral agreement for the sale of real estate, and where the evidence shows that the defendants entered into the possession of the land and made improvements thereon, and that they came into such possession through an exchange of lands, the case is for a jury and a verdict for the defendants will be sustained.</p>