Snyder v. Bassler Limestone Co.

Citations

• 66 Pa. Super. 5
• 1917 Pa. Super. LEXIS 178

Syllabus

<p>Contract — Covenant in lease — Breach of covenant — Damages.</p> <p>In an action to recover damages for the breach of a covenant in a lease of a quarry in which the lessee agreed “to use the stripping of this property to fill the building lots facing” on a road named, where it appears that the action was brought while the defendants still had time to perform the covenant, but no plea in abatement was filed, and no .objection to the time was made until after the plaintiff’s testimony was closed which was subsequent to the</p> <p>termination of the lease, the defendant will be held to have waived a right to object, by pleading the general issue, and going to the trial on the merits.</p> <p>In such a case the correct measure of damages is the reasonable cost to the plaintiff to place the stripping where the contract provided it should go. The effect on the market value of the lots from failure to fill them, is a collateral matter in which the court has no concern.</p>