renewal clause in Pennsylvania

1997As set out more fully in our opinion on direct appeal, 519 Pa. at 241-45 , 546 A.2d at 1103-05 , this issue was first presented to the common pleas court on post-trial motions pursuant to the then-controlling precedent of Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).

1997As set out more fully in our opinion on direct appeal, 519 Pa. at 241-45 , 546 A.2d at 1103-05 , this issue was first presented to the common pleas court on post-trial motions pursuant to the then-controlling precedent of Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).

1997As set out more fully in our opinion on direct appeal, 519 Pa. at 241-45 , 546 A.2d at 1103-05 , this issue was first presented to the common pleas court on post-trial motions pursuant to the then-controlling precedent of Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).

1997As set out more fully in our opinion on direct appeal, 519 Pa. at 241-45 , 546 A.2d at 1103-05 , this issue was first presented to the common pleas court on post-trial motions pursuant to the then-controlling precedent of Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).

1986Fumo v. State Real Estate Commission, 85 Pa. Commonwealth Ct. 387 , 481 A.2d 1257 (1984); Ullo v. State Board of Nurse Examiners, 41 Pa. Commonwealth Ct. 204 , 398 A.2d 764 (1979).

1986Fumo v. State Real Estate Commission, 85 Pa. Commonwealth Ct. 387 , 481 A.2d 1257 (1984); Ullo v. State Board of Nurse Examiners, 41 Pa. Commonwealth Ct. 204 , 398 A.2d 764 (1979).

1986Fumo v. State Real Estate Commission, 85 Pa. Commonwealth Ct. 387 , 481 A.2d 1257 (1984); Ullo v. State Board of Nurse Examiners, 41 Pa. Commonwealth Ct. 204 , 398 A.2d 764 (1979).

1986Fumo v. State Real Estate Commission, 85 Pa. Commonwealth Ct. 387 , 481 A.2d 1257 (1984); Ullo v. State Board of Nurse Examiners, 41 Pa. Commonwealth Ct. 204 , 398 A.2d 764 (1979).

1985Because the failure to join an indispensable party deprives a court of jurisdiction, Oas v. Commonwealth, 8 Pa. Commonwealth Ct. 118 , 301 A.2d 93 (1973), we must reverse and remand without reaching the substantive issues concerning the validity of the contract and the adequacy of the bond which the court required the taxpayer to post.

1985Because the failure to join an indispensable party deprives a court of jurisdiction, Oas v. Commonwealth, 8 Pa. Commonwealth Ct. 118 , 301 A.2d 93 (1973), we must reverse and remand without reaching the substantive issues concerning the validity of the contract and the adequacy of the bond which the court required the taxpayer to post.

1976Where there is, and where the individual exercises his right to remain silent, a renewal of the warnings at the station will not permit a renewal of questioning. [3] See, e.g., Commonwealth v. Triplett, 462 Pa. 256 , 341 A.2d 62 (1975); Commonwealth v. Campana, 455 Pa. 622 , 314 A.2d 854 , cert. denied, 417 U.S. 969 , 94 S.Ct. 3172 , 41 L.Ed.2d 1139 (1974).

1976Where there is, and where the individual exercises his right to remain silent, a renewal of the warnings at the station will not permit a renewal of questioning. [3] See, e.g., Commonwealth v. Triplett, 462 Pa. 256 , 341 A.2d 62 (1975); Commonwealth v. Campana, 455 Pa. 622 , 314 A.2d 854 , cert. denied, 417 U.S. 969 , 94 S.Ct. 3172 , 41 L.Ed.2d 1139 (1974).

1976Where there is, and where the individual exercises his right to remain silent, a renewal of the warnings at the station will not permit a renewal of questioning. [3] See, e.g., Commonwealth v. Triplett, 462 Pa. 256 , 341 A.2d 62 (1975); Commonwealth v. Campana, 455 Pa. 622 , 314 A.2d 854 , cert. denied, 417 U.S. 969 , 94 S.Ct. 3172 , 41 L.Ed.2d 1139 (1974).

1976Where there is, and where the individual exercises his right to remain silent, a renewal of the warnings at the station will not permit a renewal of questioning. [3] See, e.g., Commonwealth v. Triplett, 462 Pa. 256 , 341 A.2d 62 (1975); Commonwealth v. Campana, 455 Pa. 622 , 314 A.2d 854 , cert. denied, 417 U.S. 969 , 94 S.Ct. 3172 , 41 L.Ed.2d 1139 (1974).

1951Publishing Co., 338 Pa. 292 , 13 A. 2d 48 (1940), where it is said at page 296, “Thus contracts which do not fix a' definite time for the duration of the relationship which they create are sometimes construed as providing for a reasonable time or some particular period inferred from the nature and circumstances of the undertaking.” (emphasis supplied) In this case though no definite duration was fixed by the terms of the oral contract, the plaintiff was employed to secure customers to lease a nut vending machine and to purchase the product, viz., nuts which the appellant Avas to supply. • The

1951Publishing Co., 338 Pa. 292 , 13 A. 2d 48 (1940), where it is said at page 296, “Thus contracts which do not fix a' definite time for the duration of the relationship which they create are sometimes construed as providing for a reasonable time or some particular period inferred from the nature and circumstances of the undertaking.” (emphasis supplied) In this case though no definite duration was fixed by the terms of the oral contract, the plaintiff was employed to secure customers to lease a nut vending machine and to purchase the product, viz., nuts which the appellant Avas to supply. • The

1948An application to open judgment is addressed to the court’s sound discretion, and, on appeal, the order of the court below will only be reversed for clear abuse of discretion (Ber kowitz v. Kass, 351 Pa. 263 , 40 A. 2d 691 ) and we find no abuse of discretion in this case.

1948An application to open judgment is addressed to the court’s sound discretion, and, on appeal, the order of the court below will only be reversed for clear abuse of discretion (Ber kowitz v. Kass, 351 Pa. 263 , 40 A. 2d 691 ) and we find no abuse of discretion in this case.

1946We might point out, however, that Pettit v. Tourison, 283 Pa. 529 , which is the case relied upon, deals with a “privilege of renewing”, as distinguished from an automatic renewal clause, the operation of which may be avoided by either party upon the giving of proper notice.

1946This distinction is emphasized in Gold v. Fox Film Corp., 289 Pa. 429 , and Thompson v. Carns, 93 Pa. Superior Ct. 575 .

1946This distinction is emphasized in Gold v. Fox Film Corp., 289 Pa. 429 , and Thompson v. Carns, 93 Pa. Superior Ct. 575 .

1946On the other hand, if the tenancy continues by virtue of a renewal clause, the warrant remains effective: Fidelity Trust Co. v. Lee, 38 Pa. Superior Ct. 330 .

1906The burden is upon the tenant if he claims any rights upon the renewal clause, to prove the giving of the notice.” Citing Pollman v. Morgester, 99 Pa. 611 ; Burgwin v. Bishop, 91 Pa. 336 ; McClelland v. Rush, 150 Pa. 57 .

1906The burden is upon the tenant if he claims any rights upon the renewal clause, to prove the giving of the notice.” Citing Pollman v. Morgester, 99 Pa. 611 ; Burgwin v. Bishop, 91 Pa. 336 ; McClelland v. Rush, 150 Pa. 57 .

1906The burden is upon the tenant if he claims any rights upon the renewal clause, to prove the giving of the notice.” Citing Pollman v. Morgester, 99 Pa. 611 ; Burgwin v. Bishop, 91 Pa. 336 ; McClelland v. Rush, 150 Pa. 57 .