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eBook details

• Title: Carlson v. Steiner
• Author : Supreme Court of Pennsylvania
• Release Date : January 13, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

BRAND, Justice. This is an action by the plaintiff as lessee against the defendant lessor to recover damages on account of the failure of the defendant to furnish hot water and heat as required by the terms of the lease. The case was tried by the court without a jury and judgment was rendered in favor of the plaintiff. The defendant appeals and presents three assignments of error as follows: (1) The court erred in failing to allow the defendants motion for nonsuit; (2) the complaint does not state facts sufficient to constitute a cause of action; (3) the judgment is not supported by the evidence. By the terms of a written instrument of 17 May 1945 the defendant leased to the plaintiff, a chiropractor, office space in the Weber Building in the city of Baker for a period of ten years commencing on 15 June 1945. The provision of the lease upon which the plaintiff relies is as follows: It is further understood and agreed and the said Lessor agrees to furnish to the said Lessee without additional charge, an adequate supply of hot and cold water at all times during the existence of this lease and also to furnish heat for the same demised premises from the heating apparatus of said building during the heating season, subject to the following express conditions; failure to obtain coal, or if any accident shall happen to said heating apparatus, whatever may be the cause thereof, said

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