Ertel v. McCloskey

Opinion by

Reno, J.,

Ertel, assignee of The Drake of Philadelphia, Inc., owner of the hotel of that name and hereafter called Drake, sued McCloskey for $1975.28, a debt due to Drake by McCloskey, which Drake assigned to Ertel. Jury trial was waived and the trial judge found for defendant. Plaintiff’s exceptions were dismissed by the court en banc; judgment was entered for defendant; and plaintiff appealed.

On September 10, 1942, McCloskey leased an apartment in Drake for two years from October 16,1942, and agreed to pay $250 a month rent. In addition he agreed to pay all restaurant and service…