Murtland v. English

Citations

• 214 Pa. 325
• 63 A. 882
• 1906 Pa. LEXIS 655

Syllabus

<p>Landlord, and tenant — Lease—Extension of term — Expiration of term by limitation — Notice—Holding over.</p> <p>Where a lease for a term of five years gives to the lessee the privilege of extending the term for five years longer upon three months’ notice, the lease will expire by its own limitation at the end of the five years, if no notice is given. A mere holding over is not in itself an acceptance of the option upon the part of the lessee for an additional term of five years.</p> <p>Appeals — Assignments of error — New trial.</p> <p>The power of the appellate court to grant a new trial under the Act of May 20, 1891, P. L. 101, is exceptional in character, and only to be exercised in very clear cases of wrong or injustice which the court should have remedied.</p> <p>Appeals — Assignments of error — Charge.</p> <p>Assignments of error to a portion of the charge which do not quote the part of the charge complained of “ totidem verbis ” violate Rule 30.</p> <p>Appeals — Assignments of error — Charge—Bequests for instructions.</p> <p>Assignments of error to the effect that the court below did not specifically charge as to certain matters, will not be considered where no requests for instructions as to such matters were made.</p> <p>Landlord and tenant — Practice, C. P. — Verdict—Judgment.</p> <p>On the trial of an appeal from a judgment of a justice of the peace in landlord and tenant proceedings, where the jury returns a verdict for the plaintiff for an amount stated, for the use and occupation of the premises after the expiration of a lease, the court in entering judgment for the money award may also enter judgment for plaintiff for possession of the premises.</p>