Blum Bros. v. Berg
Superior Court of Pennsylvania
Appeal, No. 244, Oct. T., 1913, by defendants, from decree of C. P. No. 1, Phila. Co., June T., 1912, No. 1,137, on bill in equity in case of Blum Brothers, Incorporated, v. Max Berg and Adolph Berg, Individually and as Copartners, trading as Berg Brothers. Bill in equity for an injunction.
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Appeal, No. 244, Oct. T., 1913, by defendants, from decree of C. P. No. 1, Phila. Co., June T., 1912, No. 1,137, on bill in equity in case of Blum Brothers, Incorporated, v. Max Berg and Adolph Berg, Individually and as Copartners, trading as Berg Brothers. Bill in equity for an injunction. Brégy, P. J., filed the following adjudication: From the bill, answer and proofs, I make the following FINDINGS OF FACT. 1. The plaintiff corporation occupies the entire building at the northwest corner of Tenth and Market streets, known as the Harrison building and being numbered 1001, 1003, 1005 Market…
1Opinion of the Court
Opinion by
Henderson, J.,
There is no ambiguity in the ninth paragraph of the lease from Dobson to Blum Brothers. It is there expressly agreed that the lessor shall not break through *341or suffer or permit to be broken through by anyone at any time during the continuance of the lease the west wall of the building to which it refers. When the appellants became the purchasers of the Dobson building they not only had notice of the tenancy of Blum Brothers but by the terms of the deed to them acquired title “under and subject nevertheless to all the terms and conditions, covenants, renewals, rights…
2Cases cited10 opinions
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- Barrow v. RichardNew York Court of Chancery · 1840
- Willoughby v. LawrenceIllinois Supreme Court · 1886
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