Supplee v. Timothy

Citations

• 124 Pa. 375
• 16 A. 864
• 1889 Pa. LEXIS 1043

Syllabus

<p>1. Whore a tenant has received from his landlord the three months notice to quit required by an existing lease, and on application to the landlord he is told, “If you want to stay, you can stay,” the notice is in effect withdrawn, and the covenants of the existing lease are a sufficient consideration for a contract, of renewal.</p> <p>2. The weight of oral testimony is largely affected by matters peculiarly before the trial judge; an important element, too, is the weight to be attached to writings, with the circumstances under which they were written; wherefore, it is not error to charge, with other proper and appropriate instructions, that “ the testimony is about equally balanced.”</p> <p>3. If on the trial, an offer of improper testimony upon the measure of damages is admitted, but afterwards the jury are charged that the testimony received was erroneous, and correct instructions as to the true measure of damages are given, the error in the admission of the offer is thereby cured.</p>