Doyle v. Longstreth

Citations

• 6 Pa. Super. 475
• 1898 Pa. Super. LEXIS 183

Syllabus

<p>Landlord and tenant — Apportionment of rent of land diminished by sale.</p> <p>Where by the terms of a lease the landlord reserved the privilege of selling off portions of the land, the rent to be apportioned accordingly, in the absence of an agreement between the parties as to the precise amount of the reduction to be made after each sale, the tenants remain liable for the payment of such proportion of the whole rent as the rental value of the parts unsold bear to the whole.</p> <p>Partnership — Partner's authority to bind his copartner — Estoppel.</p> <p>A property which had been leased to copartners was reduced in extent by sales, by the landlord under agreement with the tenants, of portions of the demised farm. One of the cotenants and partners settled and paid the rent for several years upon the basis of an annual reduction of $50.00 on account of land sold. The copartnership was dissolved, the other partner continuing as tenant. Held, in an action of replevin by the tenant that the former partner in making the settlement or apportionment of rent acted within the apparent scope of his authority and, in the absence of fraud or collusion, the plaintiff could not be permitted to allege, as against the landlord, that the abatement claimed and allowed was too small, and therefore, that over payments were made which should be applied upon the rent for the years of his sole tenancy.</p>