Lehigh Coal & Navigation Co. v. Early

Citations

• 162 Pa. 338
• 29 A. 736
• 1894 Pa. LEXIS 984

Syllabus

<p>Deed — Condition—Forfeiture—Ejectment—Intoxicating liquors.</p> <p>A right of re-entry for breach of condition in a deed may be enforced if claimed at once or within a reasonable time; but where the condition is a condition subsequent, if the breach was acquiesced in by the grantor and valuable improvements made, a forfeiture of the estate should not, after long delay, be permitted.</p> <p>In this case, the condition for breach of which an action of ejectment was brought, was against the saTe of intoxicating liquors. The action having been brought in 1891, defendant offered to prove that liquor had been sold on the premises, under license, continuously since 1879, with notice to the plaintiff through its real estate agent who had signed the receipt to the deed; and that counsel of the company appeared in court to object to the license; and that permanent and valuable improvements had been made, without notice from the plaintiff of any forfeiture. Held, that the evidence was admissible to defeat a forfeiture.</p>