Fidelity Trust Co. v. Kohn

Citations

• 27 Pa. Super. 374
• 1904 Pa. Super. LEXIS 388

Syllabus

<p>Landlord and tenant — Subletting—Parol evidence — Covenant—Evidence.</p> <p>Where a lease contains an absolute prohibition against subletting, an alleged contemporaneous parol agreement permitting general subletting is not established, where the only evidence in support of it is that of the lessee, while that of the lessor is in direct contradiction of it, and in addition it appears that a paper attached to the lease gave to the lessee permission only to sublet a portion of one story for a particular purpose.</p> <p>Landlord and tenant — Subletting—Covenant—Waiver.</p> <p>A condition against underletting is not a single condition, since it is susceptible of more than one breach during the term; hence a lessor, who has a right of re-entry on the breach of a covenant not to underlet, does not by waiving his right on one underletting, lose his right to re-enter on a subsequent underletting.</p> <p>A consent by a lessor that a third party may occupy the leased premises for a specified business under the lessee; who is to be responsible for the rent, is a restricted waiver of conditions not to sublet or carry on any other than the kind of business to which the lessee is restricted by the lease, and applies only to such third persons and to his specified business.</p>