Cadwalader v. United States Express Co.

Citations

• 147 Pa. 455
• 23 A. 775
• 1892 Pa. LEXIS 872

Syllabus

<p>Landlord and tenant — Construction of contract.</p> <p>Plaintiff owned premises No. 622 Chestnut street, and plaintiff rented premises No. 716 Chestnut street. Plaintiff agreed to take No. 716 off the hands of defendant if the defendant would take a lease of No. 622 for five years. Subsequently an agreement in writing was prepared which recited the letting of No. 622, and that in the “ preliminary contract for said letting,” the plaintiffs had agreed to relieve defendant of the rent falling due on No. 716 from April 1, to September 1, 1889. Following these recitals was the promise of the plaintiff to pay the rent from which he had previously agreed to relieve the defendant. Held, that the defendant was entitled to retain possession of the old premises for such reasonable time as might be required to fit up the new premises for occupation, and that at the expiration of such reasonable time- the plaintiff should have possession of the old premises, to protect himself, if possible from the liability which he had assumed.</p>