Bauer v. Byrd

Citations

• 245 Pa. 432
• 91 A. 847
• 1914 Pa. LEXIS 893

Syllabus

<p>Contracts — Leases—Construction—Agreement to furnish steam —Intention—Evidence—Equity—Injunction.</p> <p>1. In a suit in equity to restrain defendant, plaintiffs’ landlord, from cutting off steam or power, and from interfering with or removing the pipes and connection which furnished steam to plaintiffs’ laundry, it appeared that plaintiffs’ lease provided that “the said lessor shall furnish to the said lessees, without charge, live steam pressure through a one-inch pipe as constructed from the boiler room at the present time”; that at the time of the execution of the lease the steam pipe in use was a one and one-half inch-pipe, which pipe defendant intended to remove and replace by a one-inch pipe. Plaintiffs contended that the pipe which was in use at the time of the execution of the lease must remain, unchanged, and could not be replaced by a one-inch pipe. The lease was under seal and there was no allegation or proof of fraud, accident or mistake’ in the preparation or execution of the lease. The lower court granted the relief prayed for. Held, that plaintiffs were entitled to receive steam through a one-inch pipe and in an amount sufficient to meet the reasonable requirements of plaintiffs’ business based upon conditions contemplated when the lease was made, provided such supply could be furnished through a one-inch pipe, and a decree was entered dismissing the bill.</p> <p>. 2. In such case where the lease contained no provision fixing the number- of pounds pressure which defendant was required to main-. tain-in furnishing live steam it was competent to prove.how much steam was being furnished when the lease was made, and how much defendant continued to furnish after it went into effect, for the purpose of showing what the intention of the parties was and how they construed their own contract.</p>