Whelen v. Laird
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1913, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1912, No. 1,373, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Sarah Y. Whelen v. John L. Laird. Assumpsit for rent. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior court.
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Appeal, No. 53, Oct. T., 1913, by defendant, from order of C. P. No. 2, Phila. Co., June T., 1912, No. 1,373, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Sarah Y. Whelen v. John L. Laird. Assumpsit for rent. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff, through her agents, B. B. Lister & Son, by a written lease, leased to the appellant a dwelling house, for the term of two years from April 1, 1911, at $55.00 per month, payable monthly in advance. Laird entered into possession under the lease and continued to occupy the house until April 25, 1912, when he removed from the premises, having paid the rent in full up to May 1, 1912. The plaintiff, in June, 1912, brought this action alleging the right to recover, under the provisions of the lease, two months’ rent. The appellant filed an affidavit of defense…
2Cases cited1 opinion
- Kiester v. MillerSupreme Court of Pennsylvania · 1855
3Cited by2 opinions
- Lawton v. DeAngeloSuperior Court of Pennsylvania · 1951
- Gallagher v. WoodSuperior Court of Pennsylvania · 1930