Einfeld v. Shermer

Citations

• 56 Pa. Super. 4
• 1914 Pa. Super. LEXIS 32

Syllabus

<p>Landlord, and tenant — Wrongful eviction — Foreclosure of mortgage— Fraud — Covenant for quiet enjoyment.</p> <p>1. Where a landlord owning a property subject to a mortgage of comparatively small amount, executes a lease for a term of years with implied covenant for quiet enjoyment, and during the term deliberately instigates, procures, assists and expedites the foreclosing of the mortgage for his own purposes and profits, with the result that the property is sold at sheriff's sale, and the tenant in order to avoid an actual eviction attorns to the purchaser at the sheriff's sale at a largely increased rent, the landlord will be liable to the tenant in damages for the loss sustained by the latter.</p> <p>2. In every lease there is an implied covenant of quiet enjoyment, and such covenant is applicable against both paramount and derivative titles.</p> <p>3. In case of an eviction a tenant may recover on an implied covenant for quiet enjoyment, only expenditures, if the eviction be under a title paramount; but this rule does not apply if the eviction is aided, instigated, procured, assisted or expedited by the landlord or if the landlord is guilty of any fraud, artifice or collusion in the matter. In such a case the measure of damages is for the value of the balance of the term of which the tenant is deprived.</p> <p>4. Where a tenant, after a sale of the leased premises in foreclosure proceedings instigated by the landlord, has been compelled to take a lease from the purchaser at a largely increased rental, the tenant in an action against’his former landlord may offer the lease in evidence, and it will be admitted not as proof of the rental value of the premises, but for the purpose of limiting the amount which he may recover to the sum named in the leslse.</p> <p>Practice — Parties—Joint defendants — Nol. pros.</p> <p>5. In actions on contracts, as distinguished from real actions a nol.. pros, may at any time be entered as against one or more of several joint def