67 Md. 350 | Md. | 1887
delivered the opinion of the Court.
The appellant let the “Albion Hotel” to the appellee, for a term of three years, at an annual rent of $3400. During the first year’s tenancy, a hydraulic elevator was put in the building, and other improvements were made by the appellant at the request of the appellee. Besides these improvements, the appellee wanted the use of a room on the first floor of the Hotel, which had been rented as a store-room, and which was not included in the lease; and also the use of a dwelling house adjoining the Hotel and which belonged to the appellant. In consideration of the improvements thus made, and the use of the storeroom and dwelling house, the appellee agreed to pay a yearly rent of $4500, being $1100 more than the rent agreed upon in the original lease.
The elevator is run by water, and the water rates for the use of the water, amount to nearly seven hundred dollars a year. Nothing is said in the original lease, nor in the subsequent modification thereof, about the payment of water assessments, but the City Code provides that these assessments may be collected in the same manner as city taxes, and being obliged as tenant to pay the same the appellee contends she is entitled to recover of the appellant as landlord, the amount thus paid by her. The liability of the appellant as landlord for the payment of the usual and ordinary water rates, which by the City Code are assessed according to the front feet of the dwelling house or building, is not denied, but in the absence of an agreement to that effect, it is contended there is no implied obligation on the part of the appellant as landlord to pay for the extraordinary use of water in large quantities, such as is required in running an elevator. Here the elevator was put in the building at the special request of the tenant, and is used exclusively for her benefit and accommodation. Where water is thus used in large quantities the City Code provides that the quantity shall
The written agreement between the parties being for the payment of $4500 a year for the demised premises, the appellee offered to prove, that during the negotiations for the proposed improvements and additions, the appellant verbally agreed to pay the water assessments for running the elevator. This evidence was clearly inadmissible. The agreement between the parties was reduced to writing, and parol evidence was,not admissible for the purpose of contradicting or varying the written contract. It is well settled, that where the lessor and lessee enter into a written agreement for the rent of property for a sum specified, parol evidence will not be received, either for the purpose of increasing or diminishing the sum so agreed upon.' The written contract must speak for itself.
■ Cases may be found in which parol evidence has been admitted to prove a collateral agreement between the parties, provided it be not inconsistent with the terms of the written contract. As, for instance, where a lessor promises to put a house in repair, if the tenant will agree to rent the same. In such a case, the agreement is collateral; and in an action for a breach of it, parol evidence may be admitted to prove the parol collateral agreement. Mann vs. Nunn, 43 L. C. P., 241; Angell vs. Duke, L. R., 10 Q. B., 174. But such evidence will not be admitted if it be inconsistent with the written agreement between the parties.
The Court erred therefore in admitting the evidence offered by the appellee, and also in granting the several prayers of the appellee, and in refusing the prayer offered by the appellant.
Judgment reversed.
At.vbv, C. J., dissented on the second exception.