French v. Burns

Citations

• 19 Pa. Super. 333
• 1902 Pa. Super. LEXIS 97

Syllabus

<p>Landlord and tenant — Covenant in lease as to power.</p> <p>A lease contained the following clause: “ It is hereby further agreed that said lessees shall have the right and privilege of using twenty-four horse power and no more, this power to include any live steam which they may use for their own business and not otherwise. It being the intent and meaning of above clause that the live steam aforesaid shall be in addition to the twenty-four horse power.” I?eld, (1) that the words “ which they may use for their own business, and not otherwise,” referred to the twenty-four horse power and not to the live steam ; (2) that the effect of the second sentence was to entitle the lessees to twenty-four horse power without regard to the amount of live steam which they used; (3) that the covenant did not require the lessor to furnish live steam sufficient to produce any given pressure or temperature, but only to furnish twenty-four horse power without taking into consideration the live steam.</p> <p>Landlord and tenant — Res adjudieata— Waiver.</p> <p>Where a landlord sues a tenant and recovers an amount less than he claimed, and thereafter the tenant continues to occupy the premises and pay rent for several months, when he again fails to pay, he cannot in an action for the rent, claim that the failure of the landlord to perform a covenant in the lease had been adjudicated in the former suit.</p>