Spring v. Lorimer

Citations

• 25 Pa. Super. 340
• 1904 Pa. Super. LEXIS 66

Syllabus

<p>Landlord and tenant — Lease—Term.</p> <p>In an action for rent it appeared that defendant entered into possession of the premises for which the rent was claimed on November 1, 1896, having bought out the business of a tenant who was in possession under a lease from year to year, terminating on May 1st. This lease provided that the assignment thereof worked a forfeiture. On February 17, 1897, the plaintiff and defendant entered into a written agreement, by which the defendant agreed to pay an increased rental in monthly instalments from November 1, 1896, and assume all the covenants of the lease to his vendor. The agreement recited the term of the lease as commencing May 1, 1896. The agreement finally concluded that the defendant “ on paying the said rent, and performing the covenants aforesaid shall and may peaceably have, hold and enjoy the said premises for the term aforesaid.” This concluding sentence contained the only reference to a definite term. Held, that the term referred to was the term commencing May 1, 1896, and that-there was no intention to create a new term beginning November 1st.</p>