Chelten Avenue Building Corp. v. Mayer

Opinion by

Mr. Justice Drew,

This is an action of assumpsit by the plaintiff corporation for the recovery of rent alleged to be due under a written lease. At the trial, binding instructions were granted for the plaintiff and a verdict rendered against the defendant. After the refusal of the court below to enter judgment n. o. v. in favor of the defendant or grant a new trial, defendant appealed.

Plaintiff owns and operates a cooperative apartment house, tenancy in which is restricted to persons owning stock in the plaintiff corporation. On June 11,1926, the defendant purchased sixty-five shares…