194 Pa. 305 | Pa. | 1900
Opinion by
The amount of the verdict in this case, being about one seventh of the whole amount claimed by the plaintiff in his statement and by his testimony, proves that the jury allowed the plaintiff what they found, under the charge of the court, to be the cost of making those repairs to the property which it was the duty of the defendants to make, but which the plaintiff made in consequence of the default of the defendants to do so. There was a large amount of testimony as to what was done, and the character of what was done, by both the plaintiff and the defendants, on the property during the currency of the lease. The defendants certainly did make considerable repairs, and doubtless some betterments, soon after they went into possession. They claimed that the property was in a very dilapidated condition, and that the repairs and alterations which they then made were indispensably necessary to its occupancy as a brewery. It is equally certain that the plaintiff, during the last year of the term, made very extensive repairs and changes in the condition of the property, the cost of which was, as lie claimed and testified, almost $9,000. It is also certain that for a large amount of this bill the defendants were not legally responsible, as neither of their covenants required them to do either the kind or amount of work that was done by the plaintiff. There is no complaint that the defendants did not make necessary repairs in the first instance at their own proper cost, and heneé, the contest is entirely upon the covenant that they would yield up the possession of the premises at the end of the term “ in good and sufficient repair as when received.” On this subject it was claimed that when the defendants, the Wuesthoffs, left the premises and accepted a release
As to the fact that the plaintiff entered upon the premises and made repairs before the expiration of the lease, what the
On the question of damages the learned court below charged that if the plaintiff was entitled to recover, he could recover the cost of that part of the repairs which the defendants failed to make, and which the plaintiff was obliged to make on account of their dereliction, and as that would be the amount of the damage he would really sustain, we know of no reason why that should not be the correct measure of the damages he was entitled to recover. We are not referred to any Pennsylvania, nor indeed, to any American, authority which holds that the true measure is the value of the injury to the reversion, and therefore we do not see any sufficient reason for adopting that measure. The latter rule may be applicable where, the landlord being out of possession, and the tenant having left the property without the proper repair being made, the landlord brings his
Judgment affirmed.