Rohbock v. McCargo

Citations

• 6 Pa. Super. 134
• 1897 Pa. Super. LEXIS 324

Syllabus

<p>Landlord and tenant — Evidence—Degree of proof to establish a surrender.</p> <p>Where a case turns on whether there has been a surrender by a lessee of his term and an acceptance thereof by the lessor, the proof requisite to establish such surrender must establish a clear and explicit agreement, and the landlord’s acceptance of the surrender also must be established by a fair and full preponderance of evidence. It is error however, for the trial judge to instruct the jury that a defendant lessee, in order to meet ■the burden of proof cast upon him, must, to establish a surrender, prove .all the terms and conditions of the alleged rescission or surrender and acceptance by evidence that is “ clear, precise and indubitable.”</p> <p>There is no reason for requiring the exceptionally high measure of proof necessary to take the case out of the statute of frauds, or to reform a writing.</p>