Kahn v. Bancamerica-Blair Corp.

Opinion by

Mr. Justice Schaffer,

This action is assumpsit for ren,t of space in an office building. Defendant set up a counterclaim and obtained a verdict in its favor for $4,157.42, representing rent which it alleged had been unwittingly paid to plaintiff after he had resumed possession of the leased premises and evicted defendant therefrom and interest on the rent payments made. The court entered judgment on the verdict in defendant’s favor and we have this appeal by plaintiff.

The parties, plaintiff as the owner of the building, and defendant as tenant, entered into a written lease for part…