Wheeling v. Phillips

Citations

• 10 Pa. Super. 634
• 1899 Pa. Super. LEXIS 333

Syllabus

<p>Landlord and tenant — Mining lease — Lessor's option to forfeit is in the alternative.</p> <p>A provision, that failure by lessee to keep and perform any of the covenants in a mining lease, will render the lease null and void, “ not binding on either party, is for the benefit of ” the lessor who may either demand payment of rent due or declare a forfeiture. He cannot sue for rent in arrear and also declare a forfeiture.</p>