Bradley v. Citizens' Trust & Surety Co.

Citations

• 7 Pa. Super. 419
• 1898 Pa. Super. LEXIS 319

Syllabus

<p>Landlord and tenant — Agreement to rejiavr — Condition or covenant.</p> <p>An alleged promise that a tenant upon entering on a lease need pay no rent until certain repairs were made does not create a condition precedent that would defeat the landlord’s right to recover rent. Such an agreement if proved only discloses a covenant the breach of which might be compensated in damages.</p> <p>Contracts — Province of court — Interpretation— Conditional promise.</p> <p>Whether a promise is on its face conditional or whether words used in connection with it subject it to a condition, is a matter of law for the court, supposing those words to be proved.</p> <p>Contracts — Conditions defeating an estate not favored.</p> <p>Conditions that absolutely defeat a right or an estate are odious, and where the language employed can be resolved into a covenant it should be so construed.</p>