Morrison v. Altland

Citations

• 74 Pa. Super. 38
• 1920 Pa. Super. LEXIS 86

Syllabus

<p>Landlord and tenant — Farms—Farm lease — Farming on halves —Consent to removal of hay and straw — Evidence.</p> <p>In an action by the landlord against tbe tenant, under lease for a farm to be farmed on tbe shares, which provided that no bay and straw should be removed from tbe premises without tbe consent of tbe lessor, tbe tenant sought to set off one-balf tbe amount received by the landlord for the sale of certain hay and straw. An offer was made to sustain the item of set-off by testimony showing the consent of the landlord to such removal. This offer was excluded as an attempt to modify the written lease. Under such circumstances, it was reversible error to exclude this testimony.</p> <p>The mere fact that the consent was alleged to have been given when the lease was executed was immaterial. The consent then given would no more constitute a variation of the written instrument than if the landlord had consented immediately after it was delivered.</p>