Douthett v. Gibson

Citations

• 11 Pa. Super. 543
• 1899 Pa. Super. LEXIS 166

Syllabus

<p>Oil and gas lease — Conflicting covenants — Option to surrender — Laches.</p> <p>A gas lease contained a covenant for monthly payments of rent in advance and als'o that upon a surrender the tenantwould be released from all moneys due and conditions unfulfilled. The landlord demanded rent in arrears for some months; the tenant neither paid the rent demanded nor offered to surrender the lease in response to this demand. Suit was brought for the rent and after suit the tenant surrendered the lease. Held, that in view of the defendant’s laches plaintiff’s right of action was complete and that judgment on a verdict for the rent accrued must stand.</p> <p>The abstract question in the ease, Whether the surrender of the lease by the tenant released him from the payment of the rental stipulated for in advance under the first covenant, which question is dependent upon the construction of the agreement independently of the acts of the parties, not decided.</p>