Sweeney v. McDonnell

Citations

• 25 Pa. Super. 69
• 1904 Pa. Super. LEXIS 16

Syllabus

<p>Landord and tenant — Entry of judgment in ejectment — Termination of lease.</p> <p>Where a lease shows on its face that its term has expired, an affidavit or affirmative proof as to the ending of the term is not necessary to authorize the prothonotary to enter an amicable action of ejectment and confession of judgment by virtue of the power contained therein.</p> <p>Where a lease is for a certain definite term, and the lessee covenants to surrender possession at the end of that term, the lessor may upon breach of the covenant to surrender enter judgment in ejectment against the lessee under the power contained in the lease, although the lease contains the further provision : “ A lawful continuance of the tenancy beyond said term shall be deemed a renewal thereof for a term of one year.” In such a case there can be no “ lawful continuance of the tenancy ” without the consent of the lessor.</p>