Fiat Motor Co. v. North Broad Street Realty Co.
Superior Court of Pennsylvania
Appeal, No. 259, Oct. T., 1911, by defendant, from order of O. P. No. 5, Philadelphia Co., June T., 1911, No. 1117, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Fiat Motor Company, of Pennsylvania, v. North Broad Street Realty Company, Landlord, and W. L. Stocker, Constable. Replevin for goods alleged to have been wrongfully distrained. The opinion of the Superior Court staets the case.
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Appeal, No. 259, Oct. T., 1911, by defendant, from order of O. P. No. 5, Philadelphia Co., June T., 1911, No. 1117, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Fiat Motor Company, of Pennsylvania, v. North Broad Street Realty Company, Landlord, and W. L. Stocker, Constable. Replevin for goods alleged to have been wrongfully distrained. The opinion of the Superior Court staets the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Trexler, J.,
Under the terms of the lease between the parties the lessee agrees, “to keep the rear building reasonably warm during cold weather for which the lessor agrees to j>ay one-half of the coal bill monthly.” The lessee used coal to the value of $125, and subsequently tendered its check for the amount of the rent then due less one-half of the above sum, to wit, $62.50. The lessor declined to accept the check. In its affidavit of defense but one reason is given for its refusal. It was declined not because it was not a legal tender but that, “for the purpose of keeping its…
2Cases cited1 opinion
- Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
3Cited by1 opinion
- Wilhorn Builders, Inc. v. Cortaro Manangement Co.Arizona Supreme Court · 1957