18 Pa. Super. 359 | Pa. Super. Ct. | 1901
Opinion by
The plaintiffs by an agreement in writing leased to the defendant, for the term of four months, a store in the city of Philadelphia, at the rental of $35.00 per month payable monthly. The term began on May 8, 1899, and ended on September 8, in the same year. The lease contained these covenants: “It is hereby expressly understood and agreed by and between the parties hereto that the term of this lease is for four months and no longer from the date hereof, and the lessee waives the right to any further notice for possession at the expiration of above mentioned term; and it is further understood and agreed that the said lessee may have the privilege of renting same after expiration of current term for the term of one year at rental that may be agreed upon.” The lessee continued in possession of the premises after the expiration of the original term, and without anything being said as to a change in the rate of rental paid $35.00 rent for the first month after the expiration of said term. He then asked for a reduction in the rental, and, without anything further being said as to the term for which he was to hold, the landlord agreed to accept rent at the rate of $30.00 per month, and the tenant paid that amount without question and continued to do so until March, 1900, when he removed from the premises without notice. The plaintiffs brought this action to recover rent for the premises for one month after the defendant had vacated, they alleging that he had become bound for the
The judgment is reversed and a venire facias de novo awarded.