McRoberts v. Stadelman

Opinion by

Arnold, J.,

Defendant appeals from the refusal of the court below to open a judgment confessed upon warrant of attorney for rentals due under a lease.

In 1938 plaintiff leased premises in Pittsburgh to the Sun Oil Company for a ten year term at a monthly rental of $120, with optional renewals. The plaintiff agreed to construct a building thereon for filling station purposes. The Oil Company then leased back the same premises to the plaintiff, who executed an agreement that he would sell only its products. This is known as a “washout” transaction, evidently made to control the sale of…