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· 7/28/1904

Oliver v. Bredl

Citations

  • 25 Pa. Super. 653
  • 1904 Pa. Super. LEXIS 134

Syllabus

<p>Landlord and tenant — Lease—Breach of covenant by landlord — Payment of rent under protest.</p> <p>Where a lessee pays rent under protest because of the failure of the lessor to comply with a covenant of the lease as to the erection of an addition to the leased premises, the tenant cannot subsequently recover the rent which he has paid under protest, but he is entitled to damages for breach of the contract, the measure of which would be the difference between the property as actually constructed and as the lessor agreed to construct it.</p>

Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith

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