Irish v. Rosenbaum Co.

Opinion by

Mr. Justice Drew,

This action was brought by Franklin C. Irish, Trustee, et al., owners of certain real estate in downtown Pittsburgh, against their tenant, Rosenbaum Company of Pittsburgh, to recover rent alleged to be due under written lease agreements. The tenant in its affidavit of defense, by way of new matter, claims a set-off for money spent in making admittedly necessary repairs to the building on the demised premises. The owners entered a rule for judgment for want of a sufficient affidavit of defense, which the learned court below, after argument, made absolute. From the…