Jenkins v. Root

Citations

• 269 Pa. 229
• 112 A. 153
• 1920 Pa. LEXIS 792

Syllabus

<p>Landlord and tenant — Termination of lease — Surrender—Estoppel-Principal and agent — Provision against altering terms — Construction against lessor — Novation.</p> <p>1. Tbe primary consideration in tbe termination of tbe relation of landlord and tenant, is that the respective rights and liabilities of the parties cease to exist, and nothing remains by way of covenant to hold any of the parties.</p> <p>2. The making of a new lease by a lessor during the existence of an outstanding lease and in hostility to it, the tenant under the original lease giving up possession to a stranger, effects a surrender by operation of law; there was a complete novation.</p> <p>3. Under such circumstances the owner is estopped from denying a surrender took place or that the first lease had been annulled.</p> <p>4. In such case, a provision in the original lease, negativing the agent’s authority to alter or waive any of its terms, has no application, inasmuch as the agent’s general authority gave him the right to'execute a new lease, even if the making thereof effected the gurrender of the first lease, by operation of law. Under such circumstances the right reserved should be construed against the lessor.</p> <p>5. Such lease is not a dependent and consistent estate for the benefit of the original lessee, though taken in the name of the lessor owner.</p>