George M. Keebler, Inc. v. Land Title & Trust Co.

Citations

• 266 Pa. 440
• 109 A. 659
• 1920 Pa. LEXIS 587

Syllabus

<p>Landlord and tenant — Lease—Breach of covenant — Measure of damages — Agreement—Rental—Market value — Cross-examination —Agreement of counsel — Theory of case — Evidence.</p> <p>1. In an action by a tenant against a landlord to recover damages for a breach of covenant in a lease, which stipulated that the lessor should not “lease any store fronting on the arcade to any other lessee for the sale of hats during the terms of this lease,” and the parties at the trial agree that “the measure of damages is the difference between the rental value of the premises with the condition attached and the rental value with the condition breached to the extent it has been breached in this case,” and it appears that all the witnesses, plaintiff’s as well as defendant’s, considered the renting of another store on the arcade, for the sale of hats, a total breach of the covenant, witnesses for plaintiff, after testifying to an estimate of damages based on a total breach, and on the precise measure agreed to by the parties, may, on cross-examination, show that they had first calculated the fair rental value of the store, according to rates prevailing in the neighborhood, without the special privilege provided in the lease, and, after arriving at thig figure, they took the difference between it and the rent named in the lease as the valine of the privilege, or covenant, which had been breached, thus attaining a basis for the estimate of their damages.</p> <p>2. The stipulation does not call for an estimate of the difference in the selling price, or market value, of the lease, with the covenant observed and with it breached, but for an estimate of the difference in rental value under these circumstances.</p> <p>Practice, Supreme Court — Evidence admitted without objection or exception — Refusal to strike out.</p> <p>3. In this case the Supreme Court will review the action of the trial judge in refusing to strike out the evidence introduced on cross-examination, although it was received