Stauffer Stauffer v. Gebhardt

Opinioh by

Line, J.,

Judgment was entered for want of a sufficient affidavit of defense. Plaintiffs leased premises in Lancaster to Herbert F. Gebhardt and Clyde M. Swarr. At the foot of the lease, are two contracts of surety-ship, one signed and sealed by defendant, Harry T. Gebhardt, and the other by A. Herbert Swarr; each provides that the surety shall be liable for one-half the rent.

This suit for $1,375 is by the lessors against Harry T. Gebhardt on the suretyship contract bearing his name. The denial of liability in the affidavit of defense is as follows: “Paragraph 4 of the plaintiffs’…