Rothermel v. Dumn

Citations

• 119 Pa. 632
• 13 A. 509
• 1888 Pa. LEXIS 582

Syllabus

<p>Plaintiff purchased premises subject at the time to a lease to the defendant for one year ending December 4,1881. Soon afterwards, receiving from the defendant a year’s rent at the old rate, he gave a paper acknowledging the receipt of rent for a year beginning December 22, 1881, the date when the title passed from the lessor of the defendant. A notice having been served on September 20, 1882, requiring the defendant to quit on December 22, 1882, in an action afterwards brought for the possession under the act of December 14, 1863, P. L. (1864) 1126: Held,</p> <p>1. That the question whether the writing given was a new lease for one year from December 22, 1881, as claimed by the plaintiff, or whether the transaction was an attornment and that date was adopted without prejudice as a modification of the term under the old lease, or under a new one, as the lessee’s rights might afterwards appear, was a question of fact for the jury.</p> <p>2. That, in either event, the relation of landlord and tenant between the plaintiff and defendant was established, and the notice to quit was in time to sustain the action.</p>