Teller v. Boyle

Citations

• 132 Pa. 56
• 18 A. 1069
• 1890 Pa. LEXIS 767

Syllabus

<p>1. The lessee under a lease containing a covenant that, under penalty of forfeiture, he would neither occupy nor permit the premises to be occupied otherwise than as a saloon or dwelling, without the lessor’s written consent indorsed, is not released from liability for the rent by a failure to obtain a license to sell liquors.</p> <p>2. An averment in an affidavit of defence to an action brought for the recovery of rent due, that the lessee surrendered the demised premises to the lessor, will avail nothing without the further averment that the latter accepted the surrender and released the tenant from further liability under the lease.</p>