Goss v. Woodland Fire Brick Co.

Citations

• 4 Pa. Super. 167
• 1897 Pa. Super. LEXIS 103

Syllabus

<p>Landlord and, tenant — Privity of estate — Assignment of leasehold,.</p> <p>Where a lease contains no stipulation against assignment by the lessee one acquiring the leasehold by assignment is fixed with notice of its covenants and takes the estate of his assignor cum onere; his liability grows out of privity of estate and closes when the privity ceases; while he holds the estate and enjoys its benefits he bears its burdens but he lays down both the estate and its burdens by an assignment, even though his assignment be to a beggar.</p> <p>Landlord and tenant — Assignment of leasehold — Evidence—Fraud.</p> <p>A lessee of a leasehold estate, unfettered as to assignment, having assigned to an insolvent, evidence is inadmissible, as to his knowledge of such insolvency and intent in assigning, for the purpose of showing that the assignment is fraudulent and void as against the lessor seeking, to recover for royalties reserved in the lease.</p>