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MCBRIDE v. YOSKO. (07/21/55)

July 21, 1955

MCBRIDE, APPELLANT,
v.
YOSKO.



Appeal, No. 13, April T., 1955, from order of County Court of Allegheny County, 1952, No. 1664, in case of David McBride and Jane C. McBride v. George Yosko and Mary Yosko. Order affirmed; reargument refused August 15, 1955.

COUNSEL

David S. Palkovitz, with him Robert Palkovitz and Jack Palkovitz, for appellants.

L. Kenneth Harkins, for appellees.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 395]

OPINION BY WOODSIDE, J.

This is an appeal from the granting of a new trial after verdict for the plaintiff in the amount of $250 and interest in an action of assumpsit.

The McBrides, plaintiffs in this action, owned a house which they agreed in writing to sell to the Yoskos

[ 178 Pa. Super. Page 396]

    for $6300; and to give possession on the day of settlement.

Settlement was made on or about March 12, 1952 by which time the Yoskos had paid all of the purchase price except $250, and had in turn received a deed for the premises, but were unable to get possession from the McBrides.

The parties then executed a form lease with numerous printed covenants in which the Yoskos leased the premises to the McBrides "for the term of one month commencing on the 12th day of March 1952 and ending on the 15th day of April 1952 for the total rent of $1." The lease contained a provision that the McBrides "agree to vacate the said premises April 15, 1952." It also contained the following typewritten provision: "Should the tenants fail to vacate the said premises on or about April 15, ...


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