Loble v. City of Philadelphia

Citations

• 174 Pa. 111
• 34 A. 554
• 1896 Pa. LEXIS 855

Syllabus

<p>Eminent domain — Leasehold interest — Appeals—Equity.</p> <p>Where land is taken by a city for public use, and the tenant of the land is awarded damages by the jury of view for only a portion of his term, his only remedy is by appeal from the award.</p> <p>An owner of land, by a written agreement, leased the land to plaintiff for the term of five years. At the time the agreement was made, it was also agreed that plaintiff should have the exclusive right to an additional term of five years at the expiration of the first term, but by a mistake of the scrivener the right to the second term of five years was omitted from the writing. Before the expiration of the first five years the city condemned the land for a park, and the jury of view awarded damages to plaintiff for the unexpired portion of the first term, but refused to allow him damages for the second term. They awarded to the landowner damages for the fee. Held, that plaintiff had no standing to file a bill in equity against the landowner and the city for a reformation of the lease, but that his only remedy was by appeal from the award of the viewers.</p>