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KELLOGG v. HAVERFORD COURT HOTEL

December 28, 1950

KELLOGG
v.
HAVERFORD COURT HOTEL



The opinion of the court was delivered by: BARD

This is an action by a tenant against her landlord for three times the amount of alleged overcharges plus a reasonable attorney's fee. During the pendency of this litigation the tenant died and the executor of her estate was substituted as her personal representative. On the basis of the pleadings and the testimony, I make the following special

Findings of Fact.

 1. The plaintiff is Hosford D. Kellogg, Jr., executor of the estate of Imogene Kellogg.

 2. The defendant is the Haverford Court Hotel Corporation, *fn1" a Pennsylvania corporation which has its place of business at Grays Lane and Montgomery Avenue, Haverford, Pennsylvania.

 3. This action is brought under the Housing and Rent Act of 1947, as amended, 2 and the Housing and Rent Act of 1948, as amended. *fn3"

 4. On September 3, 1943 Imogene Kellogg signed an annual lease for an unfurnished apartment consisting of two rooms and bath, known as Apartment D, in the Haverford Court Hotel Annex. The rental was $ 50 per month. This lease agreement was made with The Pennsylvania Company for Banking and Trusts, mortgagee in possession of the Haverford Court Hotel and Haverford Court Hotel Annex.

 5. This lease expired August 31, 1944, and was never renewed in writing.

 6. In 1946 the Haverford Court Hotel and Haverford Court Hotel Annex were sold to Edna M. Shcrager as an individual. Mrs. Schrager was the president and principal stockholder of the defendant.

 7. On November 1, 1946 the defendant became the operating lessee of the Haverford Court Hotel and Haverford Court Hotel Annex.

 8. No written lease showing that Mrs. Kellogg was an occupant or guest in the Haverford Court Hotel Annex was ever assigned to or accepted by the defendant, nor did the defendant ever enter into a lease with Mrs. Kellogg.

 9. The Haverford Court Hotel Annex is a smaller building that is separated from the Haverford Court Hotel by a ten or twelve foot driveway, but is heated from a central heating plant in the main hotel building.

 10. The Haverford Court Hotel Annex contained five or seven non-housekeeping units, including the one occupied by Mrs. Kellogg, and was used for permanent and transient guests.

 11. Full hotel services were available at all times to the occupants of each of these five or seven units. These services included furniture and fixtures, daily maid service, daily linen service, bellboy service, telephone service, desk or secretarial service, mail service, dining room and lobby.

 12. Because Mrs. Kellogg had her own furniture and linens, she did not use the defendant's furniture, which was stored in the basement of the Haverford Court Hotel, nor did she accept the daily ...


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