Gorman v. Miller

Citations

• 27 Pa. Super. 62
• 1905 Pa. Super. LEXIS 3

Syllabus

<p>Landlord and tenant — Covenant by landlord to erect a building — Measure of damages — Damages.</p> <p>Where a landlord has covenanted in the lease to erect a building on the demised premises for a particular purpose in accordance with particular plans, and he has failed to erect a proper building in accordance with the covenant, the measure of damages to the tenant is the difference between the rental value of the premises in the condition in which they remained, and that which they would have been in, had the landlord’s covenant been performed.</p> <p>In such a case if the tenant relies entirely upon the landlord making good his covenant, and pays his rent regularly in order to avoid a distress or other process for collecting it, he may thereafter maintain an action of assumpsit against the landlord to recover the excess of rent paid. If in the action thus brought the landlord testifies that the tenant had agreed that the work was satisfactory, and that a retained balance might be paid the contractor, and this is denied by the tenant, the case is for the jury.</p>