Hand v. Suravitz
Supreme Court of Pennsylvania
Appeal, No. 43, Jan. T., 1892, by plaintiff, D. B. Hand, from judgment of C. P. Lackawanna Co., April T., 1891, No. 165, making absolute a rule to open and vacate a judgment entered against Nathan Suravife?, defendant. Amicable action of ejectment entered by virtue of authority contained in a lease.
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Appeal, No. 43, Jan. T., 1892, by plaintiff, D. B. Hand, from judgment of C. P. Lackawanna Co., April T., 1891, No. 165, making absolute a rule to open and vacate a judgment entered against Nathan Suravife?, defendant. Amicable action of ejectment entered by virtue of authority contained in a lease. The facts appear by the opinion of the court below, Arch-bald, P. J., which was as follows : “ The judgment with which we have here to deal was entered by virtue of the provisions of a certain lease, executed October 31,1889, between C. P. Davidson, the then owner of the premises and the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The lease between B. C. Davidson and the defendant, contained a provision that the defendant (lessee) shall pay his own gas and water bills. It also contained a clause of forfeiture in case the lessee should not keep and perform all the terms, provisions and stipulations of the lease, or any of them. Then follows the further provision that, “At the end of said term, whether the same shall be determined by forfeiture or expiration of time and notice to quit, it is agreed that an amicable action of ejectment may be entered in the court of common pleas of…
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