Hamilton v. Fleck

Citations

• 249 Pa. 607
• 95 A. 252
• 1915 Pa. LEXIS 770

Syllabus

<p>Contracts—Leases—Variation by parol—Insufficient evidence— Landlord and tenant—Removal of fixtures—Equity—Injunction.</p> <p>1. The terms and effect of a written lease cannot be added to, contradicted or varied by parol or extrinsic evidence of the intentions of the parties, their negotiations leading up to the lease, or what was said and done prior to and at the time of executing the instrument.</p> <p>2. An agreement that a tenant shall have the right to remove buildings or other fixtures erected by him at the end of his term, cannot be added to a lease by parol evidence.</p> <p>3. Where, upon the trial of an action in equity to restrain a tenant .from removing fixtures at the end of his term, it appeared that the tenant was bound by his lease to return the premises in the condition in which he received them, the fixtures then being in place, the court erred in allowing the tenant to show by parol evidence that it was orally agreed between the parties, when the lease was signed, that the tenant should have the right to remove the fixtures, and the decree dismissing the hill was reversed.</p>