Latimer v. Groetzinger

Citations

• 139 Pa. 207
• 21 A. 22
• 1891 Pa. LEXIS 975

Syllabus

<p>[To be reported.]</p> <p>(a) In a lease at a certain rental payable monthly, the lessees covenanted that during the term they would not engage in a certain business on the premises, “ under a penalty of $10,000, to be paid.in the nature of rent, in addition to the amount above mentioned, in equal monthly instalments at times of payment of the rent aforesaid: ”</p> <p>1. The covenant not to engage in the prohibited business, was a mere personal covenant on the part of the lessees; and that to pay the penalty, was an engagement to pay, not for the use of the demised premises, but for the violation by the lessees of their said personal covenant.</p> <p>2. The right of distress is incident only to that which is strictly rent; it cannot be implied as to that which is not rent. There being no express stipulation for the right to distrain for the penalty, when payable, the right could not be exercised by the landlord to enforce its payment.</p>