term rule in Pennsylvania

9 Pennsylvania opinions name it 5 courts 1930–2015 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Moscatiello v. Pittsburgh Contractors Equipment Co.green pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015See also Moscatiello v. Pittsburgh Contractors Equipment Co., 595 A.2d 1190 , (Pa.Super. 1991) (“A term or clause is ‘conspicuous’ when it is ‘so written that a reasonable person -5- J-S21040-15 against whom it is to operate ought to have noticed it . . . .	1	1
J. J. Fagan & Co. v. Burnsgreen mich · 1929 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977 2 sentences 1977“By the great weight of authority, the term clause, which is the habendum clause, dominates the period for which the lease shall run, so that unless it is properly modified by other provisions, all rights of the lessee cease at the expiration of the fixed time stated in the term clause, except in the one contingency that at the expiration of such time the lessee is actually producing oil and gas on the premises.” Fagan and Co. v. Burns, 247 Mich. 674 , 226 N.W. 653, 655 , 67 A.L.R. 522, 524 (1929). 1977“By the great weight of authority, the term clause, which is the habendum clause, dominates the period for which the lease shall run, so that unless it is properly modified by other provisions, all rights of the lessee cease at the expiration of the fixed time stated in the term clause, except in the one contingency that at the expiration of such time the lessee is actually producing oil and gas on the premises.” Fagan and Co. v. Burns, 247 Mich. 674 , 226 N.W. 653, 655 , 67 A.L.R. 522, 524 (1929).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Gallucci v. Ben Avon Borough green pa · 1963 1 sentence 2011Id. (citing Higbee Corp. v. Kennedy, 286 Pa.Super. 101 , 428 A.2d 592 (1981)).	1	2011–2011
Higbee Corporation v. Kennedy green pasuperct · 1981 2 sentences 2011Id. (citing Higbee Corp. v. Kennedy, 286 Pa.Super. 101 , 428 A.2d 592 (1981)). 2011Id. (citing Higbee Corp. v. Kennedy, 286 Pa.Super. 101 , 428 A.2d 592 (1981)).	1	2011–2011
Watkins v. Prudential Insurance green pa · 1934 2 sentences 1985Watkins v. Prudential Insurance Co., 315 Pa. 497 , 173 A. 644 (1934). 1985Watkins v. Prudential Insurance Co., 315 Pa. 497 , 173 A. 644 (1934).	1	1985–1985
Kantor v. Herd green pa · 1923 1 sentence 1949In Kantor v. Herd et al., 276 Pa. 519, 524 , it is suggested that the court is not strictly bound by the term rule in a statutory proceeding.	1	1949–1949
Salus v. Fogel green pa · 1930 1 sentence 1949In Salus et al. v. Fogel, 302 Pa. 268, 271 , it was held that where the judgment is entered on the last day of the term it is inequitable to refuse to consider a motion to open which must of necessity be made after the term in which the judgment was rendered.	1	1949–1949
Ladner v. Siegel (No. 4) green pa · 1929 1 sentence 1939Judgment affirmed. 1 Ladner et al. v. Siegel (No. 4), 298 Pa. 487, 494 .	1	1939–1939
Commonwealth v. Taylor neutral pasuperct · 1922 1 sentence 1933It has been repeatedly held that in a case of this character, a failure to explain the meaning of the term is not error where no explanation is requested: Com. v. Berney, 262 Pa. 176 , 105 A. 54 ; Com. v. Taylor, 78 Pa. Superior Ct. 386 .	1	1933–1933
Commonwealth v. Berney green pa · 1918 2 sentences 1933It has been repeatedly held that in a case of this character, a failure to explain the meaning of the term is not error where no explanation is requested: Com. v. Berney, 262 Pa. 176 , 105 A. 54 ; Com. v. Taylor, 78 Pa. Superior Ct. 386 . 1933It has been repeatedly held that in a case of this character, a failure to explain the meaning of the term is not error where no explanation is requested: Com. v. Berney, 262 Pa. 176 , 105 A. 54 ; Com. v. Taylor, 78 Pa. Superior Ct. 386 .	1	1933–1933
Commonwealth v. Brady green pasuperct · 1921 1 sentence 1932“To entitle a defendant to a new trial on this ground [after-discovered evidence] the evidence must have been discovered since the trial, and be such as could not have been obtained at the trial by the use of reasonable diligence; it must not be simply corroborative or cumulative or merely to impeach the credibility of a witness; and it must be such as would likely result in a different verdict if a new trial were granted: Com. v. Brady, 76 Pa. Superior Ct. 488 ; Com. v. Carter, 272 Pa. 551 ; Com. v. Flanagan, 7 W. & S. 415 .	1	1932–1932
Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co. neutral pa · 1898 2 sentences 1932Co., 185 Pa. 602 , 40 A. 97 ; Penna. 1932Co., 185 Pa. 602 , 40 A. 97 ; Penna.	1	1932–1932
Commonwealth v. Carter green pa · 1922 1 sentence 1932“To entitle a defendant to a new trial on this ground [after-discovered evidence] the evidence must have been discovered since the trial, and be such as could not have been obtained at the trial by the use of reasonable diligence; it must not be simply corroborative or cumulative or merely to impeach the credibility of a witness; and it must be such as would likely result in a different verdict if a new trial were granted: Com. v. Brady, 76 Pa. Superior Ct. 488 ; Com. v. Carter, 272 Pa. 551 ; Com. v. Flanagan, 7 W. & S. 415 .	1	1932–1932
Commonwealth v. Flanagan green pa · 1844 1 sentence 1932“To entitle a defendant to a new trial on this ground [after-discovered evidence] the evidence must have been discovered since the trial, and be such as could not have been obtained at the trial by the use of reasonable diligence; it must not be simply corroborative or cumulative or merely to impeach the credibility of a witness; and it must be such as would likely result in a different verdict if a new trial were granted: Com. v. Brady, 76 Pa. Superior Ct. 488 ; Com. v. Carter, 272 Pa. 551 ; Com. v. Flanagan, 7 W. & S. 415 .	1	1932–1932
Kauffman v. Reese neutral pasuperct · 1921 1 sentence 1930Of course, where a judgment is obtained by extrinsic fraud (of which there is here no suggestion), the term rule above stated has no application: McEvoy v. Quaker City Cab Co., 267 Pa. 527 ; Kauffman v. Reese, 77 Pa. Superior Ct. 601 .	1	1930–1930
McEvoy v. Quaker City Cab Co. green pa · 1920 1 sentence 1930Of course, where a judgment is obtained by extrinsic fraud (of which there is here no suggestion), the term rule above stated has no application: McEvoy v. Quaker City Cab Co., 267 Pa. 527 ; Kauffman v. Reese, 77 Pa. Superior Ct. 601 .	1	1930–1930

Where else courts name it

CA 66 (1865–2026) NY 25 (1901–2025) IL 24 (1907–2026) MO 22 (1892–2022) TX 22 (1911–2024) WI 19 (1988–2026) CT 13 (1972–2015) MA 13 (1973–2018) OH 12 (1943–2025) WY 11 (1971–2023) PA 9 (1930–2015) WA 9 (1893–2017) FL 9 (1939–2017) MD 8 (1977–2024) KS 8 (1952–2022) GA 7 (1913–2007) IN 7 (1881–2005) OR 7 (1954–2016) KY 7 (1961–2023) NC 6 (1957–2023) NH 5 (2006–2016) MI 4 (1942–2010) ME 4 (1960–2025) NM 4 (1998–2020) DC 4 (2012–2024) IA 4 (1972–2000) AR 3 (1941–2002) NE 3 (1952–1992) OK 3 (1926–1938) HI 3 (1899–2016) WV 3 (1926–2012) MS 3 (1881–2020) NV 2 (2002–2002) AK 2 (1981–1989) LA 2 (1979–2011) TN 2 (1946–1979) ID 2 (1976–1991) CO 2 (2012–2016) AL 2 (1911–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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