Kull v. Mastbaum & Fleisher
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. T., 1920, by plaintiff, from order of C. P. No. 1, Pbila. Co., June T., 1917, No. 5439, refusing to take off nonsuit in case of Fred Null v. Mastbaum Bros. & Fleisber, Inc. Trespass for wrongful eviction, and for alleged wrongful detention of plaintiff’s goods on leased premises. Before Bregy, P. J. Tbe opinion of tbe Supreme Court states tbe facts. At tbe trial tbe court entered a compulsory nonsuit wbicb it subsequently refused to take off.
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Appeal, No. 261, Jan. T., 1920, by plaintiff, from order of C. P. No. 1, Pbila. Co., June T., 1917, No. 5439, refusing to take off nonsuit in case of Fred Null v. Mastbaum Bros. & Fleisber, Inc. Trespass for wrongful eviction, and for alleged wrongful detention of plaintiff’s goods on leased premises. Before Bregy, P. J. Tbe opinion of tbe Supreme Court states tbe facts. At tbe trial tbe court entered a compulsory nonsuit wbicb it subsequently refused to take off. Plaintiff appealed. Error assigned, among others, was order refusing to take off nonsuit, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
Tbe plaintiff, Fred Kull, appellant here, while engaged in tbe contracting business, in 1912 leased a certain storage yard from Horace D. "Reeve & Company, agents, for tbe term of one month. It does not appear on tbe *204face of the lease for whom the parties of the first part were acting. Subsequently, the defendant, a corporation engaged in the real estate business, was employed to collect the rentals by the owner of the property. Under the terms of the lease, Kull continued in possession until July 26,1917. He was in default in the payment of rent on July 15th. As…
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