Harrop v. Lutz

Citations

• 53 Pa. Super. 195
• 1913 Pa. Super. LEXIS 152

Syllabus

<p>Landlord and tenant — Distress—Goods of a stranger — Removal of goods — Lease.</p> <p>1. Both at common law and under the Act of March 21, 1772,1 Sm. L. 370, the goods of a stranger are only liable to distraint when found upon the demised premises.</p> <p>2. While a lessee may bind himself by a stipulation in the lease that his goods shall be subject to distress after removal, he cannot so bind a stranger to the lease.</p> <p>3. Where tenants make a bill of sale of;their stock of materials on the premises to certain of their creditors in consideration of a release of claims, and the landlord- knows of the bill of sale, acquiesces in it, and continues to collect the rent for over twelve months, he cannot when the goods have been removed by their owners from the premises when no rent was due, pursue and distrain them after an installment of rent has become due; and this is the case although the landlord might under the terms of the lease have elected to consider the whole rent due immediately after the execution of the bill of sale.</p> <p>4. A provision declaring that a lease shall be forfeited, or that the entire term’s rental shall become due at once, in the event of a certain contingency, are not self-operative. Such provisions are inserted for the benefit of the lessor, and are enforced only at his option.</p> <p>Landlord and tenant — Distress ■ — ■ Replevin — Practice — Goods of strangers.</p> <p>5. Where a landlord had distrained the goods of strangers, not upon the premises at the time, and the owners have replevied the same, and filed a declaration setting forth all the material facts, and such facts are not disputed by the affidavit of defense, only questions of law are involved, and the case may be properly disposed of by the court.</p>