Pocono Spring Water Ice Co. v. American Ice Co.

Citations

• 214 Pa. 640
• 64 A. 398
• 1906 Pa. LEXIS 715

Syllabus

<p>Landlord and tenant — Covenants of lease — Assumption of unperformed contract.</p> <p>Where a tenant agrees in his lease to assume an unperformed contract of the lessor-, but makes default thereon, and judgment is recovered against the lessor for the breach, and the sheriff’s return shows a payment of the judgment, the lessor may maintain an action of assumpsit against the lessee for.the loss. ' .. -</p> <p>Evidence — Fraud—Presumption.</p> <p>Fraud is never presumed but must be established either by direct proof, or by facts clearly proved sufficient to warrant a presumption of its existence.</p> <p>Landlord and tenant — Covenant for quiet enjoyment — Agreement to assume unperformed contract — Set-off.</p> <p>In an action by a landlord against his tenant for a breach of the covenant in the lease to assume an unperformed contract, damages for a breach of the covenant for quiet enjoyment cannot be set off where it appears that there had been no eviction at the impetration of the writ. In such a case no set-off will be allowed for a breach of the covenant to keep the premises in repair where no competent evidence is submitted to the jury as to the amount of the loss from the breach of the covenant.</p> <p>Corporation — Trading corporation — Expiration of charter — Act of May 21, 1881, P. L. 30.</p> <p>A corporation chartered for the purpose of erecting a dam and for cutting, storing and selling of ice is a trading corporation within the meaning of the Act of May 21, 1881, P. L. 30, entitled “An Act to enable mining, manufacturing and trading companies to wind up their affairs, after the expiration of their charter.”</p> <p>•The Act of May 21, 1881, P. L. 30, applies to all trading corporations whose business has ceased or terminated for any cause whatever, and is not confined to corporations whose charters have expired by express limitation. It applies to a corporation whose property and franchises have been sold under execution. .'</p> <p>The statute is remedial a