Wenzel v. Brennan

Citations

• 270 Pa. 526
• 113 A. 409
• 1921 Pa. LEXIS 431

Syllabus

<p>Landlord and tenant—Bight of either party to terminate lease—■ Construction of lease — Licensed premises—Consideration—Good will—Sale •of personal property.</p> <p>1. Where a lease for three years of premises covered by a liquor license gives “both or either of the parties” the right to cancel the lease thirty days before the end of the term, and if they or either of them fail to give such notice, the lease is to be renewed for an additional period, either party can cause the lease “not to extend” at the end of the term.</p> <p>2. Where such lease contains a clause o£ sale of the good-will, license, fixtures and certain personal property on the premises, enumerated in a schedule attached to the lease, and the price mentioned therefor Í3 paid by the lessee, and the lease further provides that, upon its termination, such sum shall be repaid to the lessee if he surrenders the license and leaves the personal property, etc., on the premises, the lessor, on the termination of the lease and the return of the property, etc., and their acceptance by the lessor, cannot claim that such sum was paid for the good-will, and that, as the lease was for a fixed term, the consideration thus paid was entirely satisfied at the end of the term.</p>