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MOE HENRY HANKIN v. RONALD S. MINTZ (04/11/80)

filed: April 11, 1980.

MOE HENRY HANKIN, SABINA HANKIN, GERTRUDE HANKIN, PERCH P. HANKIN, BENJAMIN R. SHANKEN AND PAULINE SHANKEN
v.
RONALD S. MINTZ, APPELLANT



No. 2828 October Term, 1978, Appeal from Order in the Court of Common Pleas of Montgomery County, Civil Action, Law, No. 77-19750.

COUNSEL

Bruce L. Goldenberg, Norristown, for appellant.

Hugh O'Neill, Norristown, for appellees.

Spaeth, Hester and Cavanaugh, JJ. Cavanaugh, J., files a concurring opinion in which Spaeth, J., joins.

Author: Hester

[ 276 Pa. Super. Page 539]

This is an appeal from an order of the Court of Common Pleas of Montgomery County granting appellees' motion for summary judgment.

Appellees instituted an action in ejectment on November 18, 1977 to recover possession of the portion of their premises occupied by appellant.

[ 276 Pa. Super. Page 540]

Appellant answered and asserted that he was legally entitled to occupy the premises by virtue of an oral agreement with the co-owners (six of whom are named appellees).

After appellant's deposition was taken, the appellees moved for summary judgment. The court, in granting the motion, held that the agreement between the parties constituted an oral lease in excess of three years, thus by virtue of the Statute of Frauds, such lease had the effect of a tenancy at will, in which case the owner(s) could terminate the lease at any time.

This appeal followed.

Appellant initially asserts that summary judgment should not have been granted since the pleadings and deposition ...


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