Edison Illuminating Co. v. Eastern Pennsylvania Power Co.

Citations

• 253 Pa. 457
• 98 A. 652
• 1916 Pa. LEXIS 871

Syllabus

<p>Landlord and tenant — Leases—Covenants—Breach — Remedy — Specific performance — Equity—Equity jurisdiction— Corporations —Public service corporations.</p> <p>1. The fact that a lessor has reserved the right to terminate a lease for nonpayment of rent or nonperformance of covenants by the lessee does not compel the lessor to take such course, but it may permit the lease to stand and adopt such other remedy as may be open to it and effective to safeguard its legal right.</p> <p>2. While as a general rule courts will hesitate to order the specific performance of a contract, where the execution of the decree requires supervision extending over a long period of time, or calls for a knowledge of technical matters incident to its performance, which neither the court nor its officers may be expected to possess, where the contract is one in which public interest and convenience is at stake, specific performance will be decreed even though certain oversight or discretion is required. The mere fact that a remedy at law exists is not sufficient to oust equitable jurisdiction if tbe legal remedy is inadequate or incomplete.</p> <p>3. The plant of an electric power company was leased for ninety-nine years at a stipulated rental, with covenants on the part of the lessee to maintain and preserve the building and the general efficiency of the plant during the continuance of the lease, making all necessary repairs and renewals of machinery, etc., with a reservation to the lessor of the right to declare the lease ended and resume possession of the premises in the event of default in the payment of rent, or in case of any breach of covenant on the part of the lessee; the assignee of the lessee failed to maintain the general efficiency of the plant, but allowed it to fall into disrepair. In a suit in equity brought by the lessor for specific performance of the covenants to repair the lower court awarded the relief prayed for. Held, that it was not material that the les’sor might have