Walker v. Githens

Citations

• 156 Pa. 178
• 27 A. 36
• 1893 Pa. LEXIS 1326

Syllabus

<p>Landlord, and tenant — Holding over — Change of terms — Consideration— Evidence.</p> <p>Where a tenant is holding over from year to year after the expiration of the term of a written lease, it is competent for the parties to make a different agreement as to the terms of the tenancy, and of course for either to prove such new agreement by any proper evidence.</p> <p>If such new agreement would not be good for the year in which it was made without a new consideration, it would be valid for any succeeding year, and the continuance of the tenant in possession paying the agreed rent would be sufficient consideration.</p> <p>A building was leased to two tenants who were jointly and severally liable for the rent. The lease expired and the tenants held over from year to year. In an action against one of the tenants for the whole rent, he offered to prove that the lessor had released the joint and several liability of the tenants for the rent of the whole house, and accepted in place thereof the separate tenancy of each for one half; also payment and receipt of rent for one half in full of defendant’s debt. Held, that the evidence should have been admitted.</p>