Legal Opinion

Blair's Estate v. Appliance Service Co.

Superior Court of Pennsylvania

Decided May 6, 1940No. Appeal, 238Published

1Opinion of the Court

Opinion by

Keller, P. J.,

This is an appeal by a tenant from an order of the court below, discharging a rule to show cause why a judgment in ejectment, confessed under a warrant of attorney contained in a lease, and writ of habere facias issued thereon, should not be opened. The court below refused to admit in evidence and consider a letter written by the lessor to the tenant, and parol evidence of conversations leading up to the letter, in announced reliance upon the rule laid down in Gianni v. Russell & Co., 281 Pa. 320, 126 A. 791. In our opinion the rule was misapplied, and the evidence was…

2Cases cited9 opinions

  1. Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
  2. Cridge's EstateSupreme Court of Pennsylvania · 1927
  3. Newland v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1934
  4. Garrison v. SalkindSupreme Court of Pennsylvania · 1925
  5. Howell Et Ux. v. WheelockSuperior Court of Pennsylvania · 1934

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