Pollock v. Talcott

Citations

• 30 Pa. Super. 622
• 1906 Pa. Super. LEXIS 133

Syllabus

<p>SePoff — Breach of an agreement to lease — Contract—Evidence.</p> <p>In an action of assumpsit where the defendant sets up a counterclaim for damages arising from a breach of an agreement for a lease, a lease between the owner .and the defendant made after the alleged agreement with the plaintiff, is not admissible if there is no offer to follow the lease by evidence showing the actual damage resulting to defendant by reason of the default of the plaintiff to sublet from defendant. In such a case a witness as to the value of the lease will not be permitted to testify where he is not shown to have knowledge of the value of leaseholds in t.he vicinity and is not qualified as an expert to express an opinion.</p>