Walter v. Transue

Citations

• 17 Pa. Super. 94
• 1901 Pa. Super. LEXIS 260

Syllabus

<p>Landlord and tenant — Parol lease — Statute of frauds — Tenancy at will.</p> <p>A parol agreement to lease land for a term of five years does not create a term of five years, but under the statute of frauds, a tenancy at will, and the tenant at will so continues, unless by subsequent acts of the parties the term is enlarged into a tenancy from year to year.</p> <p>If upon the faith of a landowner’s agreement to execute a lease for five years, the tenant has expended money and performed labor which he would not otherwise have done, and of the fruits of which he is deprived by the breach of a parol contract, he is entitled to compensation for his loss; and in the absence of fraud the measure of damages is indemnity for the reasonable expenditures into which the tenant has been led by the false hope held out to him.</p> <p>Statute of frauds — Landlord and tenant — Contract—Evidence.</p> <p>An action to recover damages for the breach of a parol contract which cannot be specifically enforced because of the statute of frauds and perjuries, must be supported by evidence of the contract which is clear, satisfactory and unambiguous to enable the plaintiff to recover.</p> <p>A parol contract to lease land for the term of five years is not established where it appears from the tanant’s own testimony that the terms upon which he was to continue to occupy the premises after the first year were left to future negotiations between himself and the landowner.</p>