Nelly v. Diskin

Opinion by

James, J.,

Appellee, F. J. Nelly, entered an amicable action and confession of judgment in ejectment on May 10, 1932 for certain premises in Seottdale against the appellant, Thomas J. Diskin. The judgment, in the amount of $200, plus attorney’s fees and costs, was entered by virtue of a warrant of attorney contained in a written lease between the parties, for the term of five years from November 1, 1929 at a rental of $25 per month.

Appellant petitioned to open the judgment alleging that there was no default in the payments of rent, setting up certain credits for repairs to the…