Binswanger v. Dearden
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 56 January Term 1890, Sup. Ct.; court below, No. 331 March Term 1888, C. P. No. 4. On May 4, 1889, Isidor Binswanger brought assumpsit against Robert R. Dearden, to recover rent claimed.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 56 January Term 1890, Sup. Ct.; court below, No. 331 March Term 1888, C. P. No. 4. On May 4, 1889, Isidor Binswanger brought assumpsit against Robert R. Dearden, to recover rent claimed. The plaintiff filed a statement of claim, which, averring the execution of a lease of certain premises to the defendant commencing January 15, 1884, recited a covenant by the lessee that should the latter hold over after the expiration of the term created, with the consent of the lessor, it should be taken to be a renewal…
1Opinion of the Court
Per Curiam :
We are of the opinion that the affidavit of defence was suf*231ficient to carry the case to a jury. The same reasons which render an opinion of doubtful propriety, in cases of appeals from preliminary injunctions, apply with equal force when we affirm an order of the court below refusing judgment for want of a sufficient affidavit of defence. The ease must go to a jury, and may come up again after a verdict. The less we say about it now the better.
Affirmed.
2Cited by2 opinions
- Rafferty v. KleinSupreme Court of Pennsylvania · 1917
- Nathan v. SinclairSuperior Court of Pennsylvania · 1916