Staats v. Simpson

Citations

• 19 Pa. Super. 164
• 1902 Pa. Super. LEXIS 53

Syllabus

<p>Landlord and tenant — Lease of farm, — Mistake.</p> <p>A lease of a farm for a money rental payable quarterly contained this clause: “ Lessee to harvest the winter wheat, thresh and haul same to mill —leave straw on place; lessee to have one-half of wheat for labor.” The winter wheat was in the ground when the lessee went into possession. Held, that the clause quoted applied only to the winter wheat then in the ground, and that the lessee had a right to the straw of the crop which he himself put in.</p> <p>In an action of replevin to recover from the lessor the straw from the crop which the lessee had put in himself, the defendant testified that through, a mistake, the scrivener of the lease omitted to insert in the lease that the straw from the crops put in by the lessee should remain on the place. This was denied by the plaintiff, his daughter and the scrivener. Held, that a verdict and judgment for plaintiff should be sustained.</p>