269 Pa. 229 | Pa. | 1920
Opinion by
The question raised by this appeal concerns the relation of landlord and tenant, the authority of a renting agent, and the consequence of his acts within his renting authority, in conflict with their agreement.
Appellants, owners of a large office building in the City of Pittsburgh, through their renting agent, with admitted general authority to rent all rooms, leased a store room to defendant for three years, who, after five months’ occupancy, sold oat to Stratman & Koch. Defendant concluded the sale only upon being assured by the renting agent that he would be released and a new lease with the same terms and conditions would be executed with the new tenants. The latter took possession under the parol lease, paying the rent for eight months, at the expiration of which time default was made. Appellants seek to hold defendant under the first lease.
The primary consideration in the termination of the relation of landlord and tenant is that the respective rights and liabilities of the parties cease to exist, and nothing remains by way of covenant to hold any of the
When the agent, by separate agreement, leased to Stratman & Koch, under the circumstances here recited, the estate thus created was, by the terms of the agreement, hostile to the grant originally given defendant. It was intended to be so, as the jury has found. All parties seemed of one mind that there should be a new lease and defendant should not be a party to it, but should be relieved of all responsibility. He declined to proceed with the sale until he had been assured a new lease would be made. Rent was received from the second tenants, bills for light and heat were sent to and paid by them. On this showing, had the owner been the actor, he could not have escaped the effect of the principle of implied surrender. There was a complete novation in leasing and the defendant was released thereby.
But the owner did not personally rerent the property ; it was done by his renting agent, so named in the old lease, which contained an express negation of the agent’s authority to alter or waive any of its terms. Such right was reserved to the lessor, and it is in derogation of that right that the agent’s act of re-leasing is supposed to operate. If we hold the old lease prohibited the agent’s reducing the term of the lease to a period less than three years, and that to accept a surrender of the lease within that time was to alter the terms of the contract, nevertheless the agent did have express authority to make a new lease, even if, under the attending circumstances, the making thereof effected' the surrender of the first lease, by operation of law. This incidental effect of annulling the old lease merely followed the exercise of the renting agent’s general authority in making the new lease. Under such circumstances the right reserved should be construed against the lessor. The agent had general supervision and control of the property, and was bound to keep the premises
We have stated how rent and other charges were paid to and accepted by appellants under the second lease, and why the sale took place; as a result, plaintiffs are es-topped from asserting that there was not a surrender.
Judgment affirmed.