Jackman v. Harry Davis Enterprises Co.

Citations

• 256 Pa. 215
• 100 A. 801
• 1917 Pa. LEXIS 590

Syllabus

<p>Landlord and tenant — Leases—Theater—Representations as to safety of building — Eviction—Covenant to restore premises to good condition.</p> <p>In actions by the lessor of a theater against the lessee for rent and for breach of defendant’s 'covenant to restore the premises to as good condition as at the time of the execution of the lease, defendant alleged that it was induced to enter into the lease by plaintiff’s fraud, in stating that the theater was safe, although plaintiff knew that it was unsafe, and that defendant had been evicted by the act of the city in notifying it that the tank on the roof must be emptied and a wall taken down, and by proceedings by an adjoining owner for the erection of a party wall under which the wall of the theater was in fact taken down. The lower court, trying the case without a jury, found that plaintiff had not represented the building to be safe, and that if he had done so it would not be fraud, in the absence of any representations of peculiar knowledge on the subject or knowledge different from that which anyone might gain by examining the building, especially in view of the fact that defendant inspected the building frequently before the execution of the lease, and further found that the acts of the city and of the adjoining owner were not an eviction. Held, the court did not err in entering judgment for plaintiff for the rent due and for the cost of certain repairs and the value of certain fixtures which had been removed by defendant during the term.</p>