Jackson v. Farrell

Citations

• 6 Pa. Super. 31
• 1897 Pa. Super. LEXIS 307

Syllabus

<p>Landlord's breach of contract — Measure of damages.</p> <p>The measure of damages where a landlord fails to keep a covenant to move or do something to or about a leased building is the difference between the worth of the premises in the condition in which they remained and that which they would have been in, had the landlord’s covenant been performed; or so much less as they would have rented for without the covenant. Supposed loss of trade and possibly resulting profits are not to be considered.</p> <p>Practice, G. P. — Affidavit of defense — Landlord and tenant — Breach of landlord's covenant.</p> <p>The nonperformance by the landlord of a covenant to move a building cannot be set up as a defense for nonpayment of rent. The tenant could have moved the building and defalked the cost or he could have surrendered possession, or if retaining possession he is only entitled to.deduet the rental value of the building unmoved from what it would have been if moved. An affidavit is defective which does not allege such difference of rental value as the measure of tenant’s damages.</p>