Gandy v. Klaw

Citations

• 269 Pa. 320
• 112 A. 464
• 1921 Pa. LEXIS 556

Syllabus

<p>Landlord and tenant — Repairs—Good condition — Wear and tear —■Opinion of witness — Evidence — Appeals — Remitting part of judgment.</p> <p>1. Where a lease provides that the premises shall he delivered at the end of the term in the same good condition as at present, reasonable wear and tear excepted, and that the tenant shall make necessary repairs to keep the building in good condition, and the landlord, after tbe end of tbe term, makes repairs, he is entitled to recover from the tenant such part of the expenditure as was necessary to restore the property to its original condition.</p> <p>2. In such ease, the court cannot be convicted of error in its charge in using the word “unavoidable” in connection with the words “reasonable wear and tear,” where the jury must have understood, from the whole charge, that the court intended to declare that, notwithstanding the duties enjoined upon the lessee as to repairs, there was still some “reasonable wear and tear,” which could not be avoided, and for which defendant would not be liable.</p> <p>3. Where a witness described the condition of premises after the termination of a lease, he may be permitted to express an opinion as to whether their condition was the result of ordinary wear and tear, where the facts are complicated and not susceptible of a description that would impart to the jury a satisfactory conception of them,, and it would be difficult to determine what constituted the particular condition in question.</p> <p>4. In an action by a landlord against a tenant to recover the cost of repairs after the termination of the lease, it is not error to permit certain bills for repairs to be admitted in evidence, where the plaintiff had already testified as to these expenditures, and the bills were merely in corroboration of this oral testimony.</p> <p>5. Where a lease provides that the tenant shall comply with the law as to fire escapes, he will not be liable for changes directed by the fire marshal after the termina