Pascoe Apartment House Co. v. Eno

Citations

• 35 Pa. Super. 337
• 1908 Pa. Super. LEXIS 37

Syllabus

<p>Landlord and tenant — Surrender of premises — Evidence—Question for jury.</p> <p>In an action by the owner of an apartment house to recover three months’ rental for an apartment after the defendant had vacated it, it appeared that the plaintiff had executed a yearly lease of the apartment, but that the defendant had not executed it. The defendant claimed that he was in the apartment under an oral lease from month to month, and that he had not agreed to sign a yearly lease. This was denied by the plaintiff. There was evidence that at the time defendant vacated the apartment the defendant’s wife gave the key to the clerk who accepted it without objection, and bade her a friendly farewell. Held, that the question whether the plaintiff intended to accept a surrender of the apartment, was for the jury, and that a verdict and judgment for defendant should be sustained.</p>