Wilkinson v. Kugler

Citations

• 153 Pa. 238
• 25 A. 1133
• 1893 Pa. LEXIS 1083

Syllabus

<p>[Marked to be reported.]</p> <p>Landlord and tenant — Necessary repairs — Auditor's finding.</p> <p>A landlord authorized his tenant to make all necessary improvements. Under this authority the tenant put in a steam heater, and gave notes to plaintiff in payment therefor. Judgment was subsequently obtained on the notes, and the tenant’s personal property was sold by the sheriff. The landlord claimed the heater as a part of the real estate. Before the auditor appointed to distribute the fund, the tenant testified that the heater was not actually necessary at the time it was put in, but that it would have been later on. The auditor found that the heater was necessary and authorized by the landlord. Held, that the evidence was sufficient to sustain the finding and that the price of the heater was properly awarded to the plaintiff in the execution, in preference to tire landlord’s claim for rent.</p> <p>Auditor — Insufficient findings of fact.</p> <p>Where a fund raised by a sheriff’s sale is claimed by a landlord who has authorized a tenant to make improvements, and the fund is also claimed by persons who made improvements under an agreement with the tenant who was the defendant in the execution, the auditor should find the amount of rent due the landlord, and should also find whether the costs of the improvements were proper credits on account of the rent. In the absence of such findings the Supreme Court will refer the ease back to the auditor for a proper finding of facts.</p>