Jacobs v. Mingle

Citations

• 278 Pa. 250
• 122 A. 285
• 1923 Pa. LEXIS 507

Syllabus

<p>Landlord and tenant — Lease of hotel — Liquor law — Effect of prohibition law — Contract—Prevention of performance by law — Good will.</p> <p>1. It is only where a party by his contract creates a duty or charge upon himself, that he is bound to make it good notwithstanding he is prevented by inevitable necessity, inasmuch as he might have protected himself in the contract.</p> <p>2. When it is the law that creates the duty or charge, and the party is unable to perform it without default on his part, the law excuses.</p> <p>3. Where a whole building is leased as a hotel property without limitations as to the uses to which it could be put, but it is the understanding of the parties that the principal use would be the sale of intoxicating liquors, the lessee is not relieved from his voluntary contract to pay rent by the adoption of the 18th Amendment and the passage of the Volstead Act.</p> <p>4. In such case the lessee cannot demand a return pro tanto of the amount paid for good will where it appears that such payment was made to the former owner of the license and not to the lessor.</p>