Parks v. McDevitt

Opinion by

Keller, P. J.,

Plaintiff has appealed from a decree sustaining preliminary objections to his bill in equity and dismissing the bill.

The decree must be reversed.

The suit grew out of a written lease for a dwelling house, No. 1508 Lombard Street, Philadelphia, which the defendant Martin, as agent for the owner, leased to the plaintiff for the term of two years from February 15,1941, at the rental of $12.50 per month.

On July 6, 1942 — nearly seven months before the end of the term — the lessor brought proceedings before a magistrate, under the Act of March 31, 1905, P. L. 87, to obtain…