Nierenberg v. R. C. Maxwell Co.
Superior Court of Pennsylvania
Appeal, No. 319, Oct. T., 1920, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1920, No. 407, discharging rule for judgment for want of a sufficient affidavit of defense in the case of David Nierenberg v. E. C. Maxwell Company. Assumpsit for rent alleged to be due on lease. Before Patterson, J. Eule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court discharged the rule.
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Appeal, No. 319, Oct. T., 1920, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1920, No. 407, discharging rule for judgment for want of a sufficient affidavit of defense in the case of David Nierenberg v. E. C. Maxwell Company. Assumpsit for rent alleged to be due on lease. Before Patterson, J. Eule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Keller, J.,
Plaintiff, on December 15, 1919, leased to defendant the roof and walls of property Nos. 1501-3-5 North 33d street, Philadelphia, for a period of fiye years from January 1,1920. The lease provided that the defendant was to erect a sign or signs on said roof for advertising purposes and was to have the privilege of putting an electric meter in the premises and running wires and reflectors to illuminate said signs.
The defendant paid the first two quarterly installments of rent as provided in the lease but failed to pay the third, due on July 1,1920, and this action in…
2Cases cited4 opinions
- Houston Ice & Brewing Co. v. KeenanTexas Supreme Court · 1905
- Kerley v. MayerNew York Court of Common Pleas · 1895
- Teller v. BoyleSupreme Court of Pennsylvania · 1890
- Hyatt v. Grand Rapids Brewing Co.Michigan Supreme Court · 1912
3Cited by6 opinions
- Walnut & Quince Street Corp. v. MillsSupreme Court of Pennsylvania · 1931
- Derian v. Bachman, Pennsylvania Court of Common Pleas, Philadelphia County1949
- Genzelman v. OstrovskyPennylvania Municipal Court, Philadelphia County · 1949
- Levin v. Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1955
- Reading Co. v. Allied Oil Co.Pennylvania Municipal Court, Philadelphia County · 1943
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