Kelly v. Miller
Supreme Court of Pennsylvania
Appeal, No, 477, Jan. T., 1914, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1914, No. 2919, for plaintiff for want of a sufficient affidavit of defense, in case of Fannie R. Kelly, et al., v. William W. Miller. Assumpsit for rent. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No, 477, Jan. T., 1914, by defendant, from judgment of C. P. No. 3, Philadelphia Co., June T., 1914, No. 2919, for plaintiff for want of a sufficient affidavit of defense, in case of Fannie R. Kelly, et al., v. William W. Miller. Assumpsit for rent. Rule for judgment for want of a sufficient affidavit of defense. Before McMichael, P. J. , The opinion of the Supreme Court states the facts. . The court made absolute the rule for judgment for, want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is an action of assumpsit by a landlord against his tenant to recover rent due on the demised premises, known as Forepaugh’s Theatre and situate in the City of Philadelphia. A.rule was taken for judgment for want of a sufficient affidavit of defense, and judgment having been, entered for part of the plaintiffs’ claim the defendant has taken this appeal,.
We think the learned court erred in not sustaining the' set-off of -$2,250 claimed in section 2 of paragraph 8 of-*316the affidavit of defense. The premises leased were Forepaugh’s Theatre in the City of…
2Cases cited1 opinion
- Hazlett v. PowellSupreme Court of Pennsylvania · 1858
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- Jonnet Development Corp. v. Dietrich Industries, Inc.Supreme Court of Pennsylvania · 1983
- Fell v. PittsSupreme Court of Pennsylvania · 1919
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