Swartz v. Bixler

Citations

• 261 Pa. 282
• 104 A. 591
• 1918 Pa. LEXIS 731

Syllabus

<p>La/ndlord and tenant- — Lease to partnership — CovenaAits against underletting — Forfeiture—Death of one partner — Purchase of interest by surviving partners- — Construction—Intention.</p> <p>Where a lease made to three persons engaged in business as partners contains a covenant providing for a forfeiture in case of assignment or underletting, and one of the lessees dies, whereby his interest in the lease passes to his executors, and the surviving lessees purchase such interest of the executors and continue the business, the covenant against assignment or underletting is not broken and the owner is not entitled to a forfeiture.</p>