Spigelmyer v. Hess

Citations

• 55 Pa. Super. 472
• 1913 Pa. Super. LEXIS 397

Syllabus

<p>Practice, O. P. — Points for charge — Exception—Judgment n. o. v. — ■ Act of April BB, 1905, P. L. B86.</p> <p>1. There is nothing in the Act of April 22, 1905, P. L. 286, which makes an exception to the refusal of a point for binding direction, a condition precedent to the exercise of the authority given by the act to enter judgment non obstante veredicto.</p> <p>Landlord and tenant — Lease—Repairs.</p> <p>2. Where a tenant agrees to “make any and all repairs accepting the house in the condition in which it stands at the date of the lease,” and the landlord at the tenant’s request and for his accommodation and convenience makes repairs starting them on the day when the lease was to begin and completing them about seven weeks thereafter, the tenant cannot recover damages from the landlord because he was not in full possession of the premises during the seven weeks, if it appears that there was no stipulation that the repairs should be made prior to the beginning of the term.</p>