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MERCER COUNTY AGRICULTURE SOCIETY v. WILBERT BARNHARDT (01/11/83)

submitted: January 11, 1983.

MERCER COUNTY AGRICULTURE SOCIETY, A NON-PROFIT CORPORATION WITH OFFICES AT STONEBORO, T/A STONEBORO FAIR,
v.
WILBERT BARNHARDT, APPELLANT



No. 850 Pittsburgh, 1981, Appeal from the Order of August 4, 1981 In the Court of Common Pleas of Mercer County, Civil Division, No. 169 C.D. 1979.

COUNSEL

Edith Benson, Sharon, for appellant.

Michael Halliday, Greenville, for appellee.

Cercone, President Judge, and Popovich and Van der Voort, JJ.

Author: Cercone

[ 313 Pa. Super. Page 208]

In this landlord/tenant dispute, appellant, Wilbert Barnhardt, appeals from the decision of the court below granting appellee, Mercer County Agriculture Society [hereinafter referred to as the Agriculture Society, or the landlord], a writ of possession and monetary damages for rent accrued and paid by appellant to the prothonotary during the pendency of this action. Appellant's argument on appeal is that his lease was not properly terminated by appellee. We find appellant's argument to have no merit and we affirm.

The facts as found by the trial court are these. In 1978, the parties entered into an oral, month-to-month lease for the rental of four horse stalls at $15.00 per month. The term of the lease was to run from the first day of the month to the last. Additionally, the lease entitled Barnhardt to draw water for his horses and to use the racetrack for training and conditioning the animals.

Then, on November 8, 1978, the landlord's stall superintendent personally served Barnhardt with a written notice to quit the premises. This notice said:

It has been decided by the Board of Directors of the Stoneboro Fair Association, at their meeting on November 6, 1978, that we do not wish to renew your month to month lease for horse and tack stalls at the Stoneboro fairgrounds.

Be advised that this is your official notification to remove horses, either owned or trained by you, along with your personal property, from the Stoneboro Fair property by December 10, 1978.

When Barnhardt refused to vacate, the Agriculture Society filed an action in ejectment in district court. Barnhardt counter claimed for damages done to feed and other materials kept at the stables, allegedly occurring because of a leaking roof. The court ruled in favor of the Agriculture Society on all claims and Barnhardt appealed to the common pleas court. Following a hearing, the court of common pleas granted the Agriculture Society a writ of possession

[ 313 Pa. Super. Page 209]

    and a verdict for rental due. The court also ruled against Barnhardt on his ...


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