Hendler v. Quigley

Citations

• 38 Pa. Super. 39
• 1909 Pa. Super. LEXIS 88

Syllabus

<p>Landlord and tenant — Extension of term — Evidence—Question for fury.</p> <p>1. On the trial of an issue to determine whether a landlord had granted to his tenant an extension of his term for a year, the case is for the jury where the tenant’s evidence as to the extension is corroborated by that of his wife and daughter and several witnesses as to declarations made by the lessor scarcely reconcilable with any other theory, and by the further fact that a new liquor license for the leased premises had been applied for by the lessee with the knowledge of the lessor who had himself signed the application.</p> <p>Landlord and tenant — Eviction—Licensed premises — Liquor license— Profits.</p> <p>2. In a proceeding by a tenant, a licensed saloon keeper, against his landlord, to recover damages for a wrongful eviction, the tenant may show as an element of damage the profits he could have made for the unexpired term, including the period after he had sold his license for a small sum. In such a case the price obtained for the license is not necessarily the full measure of compensation for the loss of the balance of the term. The tenant may show such loss by his own evidence, by the record of his cash register, by the record of bar receipts during the corresponding months of previous years and by bills and memoranda tending to show at least the approximate cost of what was sold.</p> <p>3. Damages may be recovered for loss of profits caused by a breach of contract, and they are never excluded simply because they are profits. If it reasonably appear that profits would have been made had the terms of the contract been observed, and that their loss necessarily followed its breach, they may be recovered as damages if the evidence is sufficiently certain and definite to warrant the jury in estimating their extent. The law does not require absolute certainty as to the data upon which profits are to be estimated, but certainty to a reasonable degree or extent so that the damages ma