Flinn v. 339 Fifth Avenue Land Co.

Per Curiam,

Plaintiff executors, under the will of William Flinn, deceased, appeal from refusal by the court below of their motion for judgment for want of a sufficient affidavit of defense.

Plaintiffs’ decedent in his lifetime became surety for the lessee of property located on Fifth Avenue, City of Pittsburgh, to the aggregate amount of $50,000, on a 10-year lease beginning May, 1921, which defendant now holds as lessor. The lease provided that, at the end of three years, or at the end of any yearly period thereafter, upon notice, lessee or surety might surrender the lease upon a deposit of…