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HAMPERS v. DARLING. (12/14/60)

December 14, 1960

HAMPERS, APPELLANT,
v.
DARLING.



Appeal, No. 1, April T., 1960, from order of County Court of Allegheny County, No. 268 of 1957, in case of Louis G. Hampers v. Bessie Darling. Order affirmed.

COUNSEL

Samuel M. Rosenzweig, with him Aaron Rosenzweig, for appellant.

Murray S. Love, with him Wirtzman and Sikov, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Gunther

[ 194 Pa. Super. Page 60]

OPINION BY GUNTHER, J.

This appeal is from the refusal of the court below to take off a compulsory non-suit.

On August 7, 1956, Louis G. Hampers, appellant, entered into a lease with Bessie Darling, tenant-appellee, for a storeroom at 923 Federal Street, Pittsburgh, Pennsylvania, for a period of five years at a stated rental. This storeroom was a part of the property owned by appellant who occupied the remaining portion of the building. The lease, in addition to the usual printed clause contained therein stating that the tenant was required to maintain and keep the premises in good repair and to surrender the same in as good order as at the commencing of the term, contained a typewritten rider as follows:

"3. Lessee to maintain and keep the leased premises in good repair at all times.

"4. Lessee to pay, as additional rental for said premises, 1/2 of the water rents assessed by the City of Pittsburgh for the said building containing leased premises. In addition, the lessee shall at all times maintain and keep in good repair the motor and other equipment which operates a well for the premises."

The tenant took possession of the premises sometime in August, 1956. During November, 1956, appellee

[ 194 Pa. Super. Page 61]

    notified appellant that the well which furnished water both to appellant and appellee ceased functioning. In December, 1956, appellant lessor replaced the pump, motor and the piping leading down to the well at a cost of $830.00. Upon refusal of appellee to pay this sum, a complaint in assumpsit was instituted in the court below to recover this sum. Testimony ...


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