Rohrheimer v. Hofman

• Decision Date: 14 May 1883
• Citation: Rohrheimer v. Hofman, 103 Pa. 409 (Pa. 1883)
• Parties: Rohrheimer <I>versus</I> Hofman.
• Court: Pennsylvania Supreme Court

103 Pa. 409

Rohrheimer versus Hofman.

Supreme Court of Pennsylvania.

April 20, 1883.

May 14, 1883.

April 20th 1883.

Before MERCUR, C. J., GORDON, PAXSON, TRUNKEY, STERRETT, GREEN and CLARK, JJ.

ERROR to the Court of Common Pleas of Schuylkill county: Of January Term 1883, No. 273.

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George R. Kaercher, and Hughes & Farquhar, for the plaintiff in error.

James Ryon (John W. Ryon with him), for the defendant in error.

The opinion of the court was filed May 14th 1883.

PER CURIAM.

Trial by jury was waived, and this case submitted to the court under the Act of Assembly. Within the term of five years absolutely stipulated by the lease, the plaintiff in error, who was the assignee thereof, elected to hold the premises for the further term of ten years, as by the terms of the lease he was authorized to do. The main contention arises under the subsequent verbal agreement between the parties relating to the reduction of rent. The court found it to be without consideration and therefore not binding on the defendant in error. It also found as a fact under conflicting evidence that the reduction in the rent was intended to be temporary, and not to continue until the end of the lease. Without deciding on the correctness of the legal conclusion that the agreement was without consideration, yet if it was understood to be temporary only, that fact sustains the judgment. The finding of fact by the court is entitled...