McNeal v. Farmers' Market Co.

Citations

• 43 Pa. Super. 420
• 1910 Pa. Super. LEXIS 65

Syllabus

<p>Landlord and tenant — Option to renew lease — Partnership—Unincorporated associations — Parties—Practice, C. P.</p> <p>1. Where two partners take a lease with an option of renewal from an unincorporated association, and one partner sells out to the other, and the latter gives notice of renewal to the secretary of the association, who acting within the scope of his powers accepts the notice and agrees to the renewal, the association will not be heard to object that a covenant to renew a lease to more than one lessee cannot be enforced by one of them for himself.</p> <p>2. Where a landlord is sued in trespass for an eviction and a failure to perform a covenant to renew a lease, evidence that the tenant who had leased the premises for a skating rink had conducted a disorderly house in violation of the laws of chastity, and of the liquor laws of the commonwealth, is admissible to show that the tenant was not entitled to recover damages for injuries to a business conducted in violation of law; and this is especially the case where the tenant is permitted to show the amount of his business, and his receipts therefrom.</p> <p>Practice, C. P. — Parties—Unincorporated associations — Trespass.</p> <p>3. An action of trespass may be maintained against the president, secretary and the directors, named as such, of an unincorporated association, where it appears that the defendants sued were responsible for the tortious act of which complaint is made.</p>