Schneider v. Bates

Citations

• 37 Pa. Super. 432
• 1908 Pa. Super. LEXIS 301

Syllabus

<p>Landlord and tenant — Lease—Waiver of appeal — Judgments—Striking off judgment.</p> <p>Where a justice’s judgment is founded upon a lease containing an express waiver of appeal the common pleas will, in general, give effect to such waiver by striking off an appeal, if application be made within a reasonable time, and before the appellee has taken steps to bring the case to trial or decision upon its merits. But where the application to strike off is based upon that ground, it must fail, unless the fact that the judgment was founded upon a lease; containing such waiver appears in the justice’s record.</p> <p>Landlord and tenant — Holding over — Presumption.</p> <p>The presumption of holding over which might arise from the unexplained fact of the nonremoval of the tenant’s goods, may be rebutted by facts which are inconsistent with the presumption.</p> <p>Where a tenant notifies his landlord that he will surrender possession of the premises at the end of the term mentioned in the lease, and the landlord agrees that the tenant shall have the right of ingress and egress for an additional day for the purpose of removing his goods, and for that purpose only, and that this shall not be treated as a holding over, the landlord cannot thereafter treat the tenant’s occupancy of the premises for an additional day for the purpose of removing his goods as such a holding over as will render the tenant liable for rent after the term mentioned in the lease.</p>