147 Pa. 540 | Pa. | 1892
Opinion by
The first clause of the lease creates a term for one year, and if there were nothing further upon the term appellant would clearly be right in its contention that its liability for rent
Another illustration leads us to the same result. If the condition be transposed to the head of the sentence, so as to read “ unless either party shall have given notice .... this lease shall be deemed to be renewed and in force for another year, and so on from year to year,” the meaning of the sentence as a whole would not be in anywise changed, and yet the application of the notice to the first term would be unquestionable.
If there were any doubt as to the meaning of the parties from the language they have adopted, it would be set at rest by
If the sixth clause, providing for a peaceable delivery of the premises. by the lessee at the expiration “ of the said term,” were repugnant to the seventh, it would have to give way, as the written clause is presumed to express the meaning of the parties more exactly than the printed: Grandin v. Ins. Co., 107 Pa.,26; Duffield v. Hue, 129 Pa. 94, 108; Dick v. Ireland, 130 Pa. 299. But there is no real repugnance. “The said term” in the sixth clause means, not merely the first year, but the whole term held under the lease, whether one year under the first clause, or several under the seventh. It is at the end .of the tenancy, whenever by the terms of the whole lease it does end, that the lessee is to surrender the possession.
The learned judge was a little incautious in affirming plaintiff’s second point with the remark that the payment of the first month’s rent for the new year was an affirmance of the lease for such year. It was evidence of affirmance, but was open to explanation to show that such was not the actual intention. The error, however, did appellants no harm. They were liable on the terms of the lease and the admitted facts, and none of the evidence offered and excluded would have varied their liability.
Judgment affirmed.