Haynes v. Synnott

Citations

• 160 Pa. 180
• 28 A. 832
• 1894 Pa. LEXIS 790

Syllabus

<p>Landlord and tenant — Suretyship—Payment of taxes — Lease—Alteration —Affidavit of defence.</p> <p>Plaintiffs leased to a tenant property in Massachusetts for five years from June 1, 1886. The lessee covenanted to pay the taxes “ which may be payable for or in respect of the said premises, or any part thereof, during the said term.” Plaintiffs paid the taxes assessed May 1, 1886; the lessee paid the four years following, but not the fifth. Plaintiffs paid the taxes for the fifth year, and then brought suit against defendant, the tenant’s surety, to recover the amount last paid. Plaintiffs averred in their statement that in Massachusetts taxes were assessed on May 1st, and that 'under the lease, which was executed in Massachusetts, the tenant was bound to pay the taxes levied and assessed during his term. The defendant in his affidavit of defence averred that “ the lessee did not covenant to pay to the plaintiffs the taxes levied and assessed on the demised premises, the words which import such covenant having been scored out in the contract and intended to be eliminated. The taxes now claimed for were not payable for or in respect'of the said premises or any part thereof during the said term, but were for taxes payable from the property for the year ending May 1, 1892, covering but one month of the lease.” The affidavit did not deny that the copy of the lease filed was a true copy, and it did not specify what words were “ scored out and intended to be eliminated.” Held, that the affidavit of defence was insufficient to prevent judgment.</p> <p>Suretyship — Extension of time — Payment of taxes — Previous demand.</p> <p>Where a tenant has covenanted to pay taxes, the mere'giving of time to him for the payment of his taxes does not release the tenant’s surety from his obligation; and, in such ease, where the landlord has paid the taxes, no previous demand on the tenant is necessary before bringing suit against the surety.</p>