270 Pa. 496 | Pa. | 1921
Opinion by
In 1905, George B. Wilson, then the owner of premises 1019-1021 Market Street, Philadelphia, made a lease thereof to Berg Brothers, a partnership, for the term of
Prior to the Act of July 17,1919, P. L. 1029, where a tenant’s personal property passed into the hands of a receiver and was sold by him, on distribution of the proceeds thereof, the landlord’s claim for rent was not entitled to preference over that of general creditors: Grayson v. Aiman, Inc., 252 Pa. 461.
The liability of the defendant corporation for the rent was, as above stated, expressly limited to the time it occupied the premises and, therefore, ended with the appointment of the receiver, January 18, 1918. As the latter paid the rent in full during his occupancy, the Sternberger estate has no further claim upon the assets of the corporation for rent accruing that year, whatever its lights might be against the individual partners under the original lease.
By express stipulation, the auditor’s findings of the facts are accepted as accurate; hence, we must assume that the landlord elected not to have the building restored to its original condition and has not incurred any expenditure for that purpose, “but on the contrary has preferred to make an entirely different construction which makes the expenditure of these moneys by the estate for these purposes unnecessary and impossible.” This applies to all the items of restoration except frame partitions, and as to these the auditor finds the lessor has not rebuilt them and has no definite intention of so doing, and that there is no evidence as to what it would cost to rebuild the same at some future time. The lessor
The decree is affirmed at the costs ofNappellants,