Dauphin Realty Co. v. Straff

Spaeth, J.,

Nature of the Case

Plaintiff, Dauphin Realty Co., Inc., and garnishee, Equitable Fire & Marine Insurance Company of the Phoenix of Hartford Group, have each moved for summary judgment against the other.

Facts

The facts are not in dispute, so that it is appropriate to dispose of the motions for summary judgment.

On May 1, 1953, Joseph and Pearl Prager leased from Dauphin Realty Co., Inc., premises known as the Washington Hotel Garage. The Pragers, on the same day, sublet the premises to Daniel D. Straff and Raymond Straff; the sublease was acknowledged by Dauphin in the lease between…