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7 Sadler 134

Diehl v. Lee

Supreme Court of Pennsylvania

Decided May 30, 1887

Supreme Court of Pennsylvania · decided 1887-05-30

The narr. set out the devise, possession and default in payment, with an additional count for use and occupation. The defendant pleaded nil debet. It did not appear by the pleadings that the defendant was a married woman. The facts appear by the following charge of the court, by Pat-TEESON, J.: The action was brought to recover the amount of money alleged by the plaintiff to be a balance of rent owing by this defendant, formerly Amelia Diehl, now Amelia Kress.

Affirmed · Decided 1887-05-30

Per Curiam :

¶1We do not affirm the correctness o± tne charge as to the different effect of oral evidence in reforming a written agreement not under seal, and one under seal; yet this form of submission worked no injury to the plaintiff in error. She has no cause to complain of the language used.

¶2We think a correct construction of the written lease fixes the 1st of April, 1886, as the time of its termination; and there was no sufficient parol evidence to change its effect.

¶3Judgment affirmed.

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