Matson v. Slaugenhaupt

Citations

• 64 Pa. Super. 581
• 1916 Pa. Super. LEXIS 340

Syllabus

<p>Landlord and tenant—Term — Bent — Statute of frauds — Evidence.</p> <p>In an action for rent plaintiff declared upon a verbal lease for ten months with a further privilege or option to the lessee for a further term of four years. The defendant claimed that he rented from month to month with an option to rent the property for three to five years. A written lease for ten months containing the option referred to in the statement was signed by the plaintiff, but not by the defendant, and the latter refused to produce the writing at the trial. Held, (1) that the only issue between the parties was whether there was a lease from month to month or for .ten months; (2) that the reference to the option in the statement of claim and the testimony of the defendant was immaterial; (3) that the lease was not within the Statute of Frauds; (4) that even if the written lease should be considered, it would not be within the statute, as it was signed by the lessor which was all that was necessary; and (5) that a verdict for the plaintiff on the conflicting testimony should be sustained.</p>