Landlord and Tenant — Repairs — Covenant of tenant to repair — Action by landlord for damages for replacement of boiler — Defense of replacement due to natural wear — Negligence not in issue — Evidence — Damages.
In an action in assumpsit by a landlord against his tenant, for breach of a covenant in a written lease which provided that the tenant would keep and maintain the premises in as good condition and repair as at the time of the execution of the lease, natural wear and tear and damages happening by fire, storm or other casualties only excepted, in which it appeared that plaintiff averred that defendant failed to maintain the boiler in the leased premises and allowed it to go dry, which resulted in such excessive damage to the boiler that it was necessary to replace it; that defendant pleaded that the boiler replacement was due to the advanced age and disrepair of the boiler as of the date the premises were first occupied by defendant; and that the court below, holding that neither the pleadings nor the evidence properly raised an issue regarding negligence on the part of defendant or contributory negligence of plaintiffs, that the verdict of the jury for plaintiffs was a rejection of the defense that the replacement of the boiler was due to natural wear, and that there was evidence of the damage suffered by plaintiffs to sustain the verdict, overruled defendant's motions for a new trial and for judgment n.o.v.; it was Held that the order of the court below should be affirmed.
Argued December 11, 1962.
OPINION PER CURIAM, March 19, 1963:
The order of the Court of Common Pleas of Cumberland County is affirmed on the opinion of President Judge DALE F. SHUGHART for the court below, reported at 29 Pa. D. C. 2d 340.