Potts Dept. Store v. Lutz Sweigart

Opinion by

Gawthrop, J.,

This is an action of replevin to recover certain personal property which plaintiff had leased to Robert Lutz, a tenant on the property of Martin G. Weit. At the trial plaintiff proved its ownership of the property, the leasing thereof to Lutz and the default of the latter in the payment of rentals due under the several leases and its right to recover possession of the property as against Lntz. In defense the landlord Weit testified that he owned the premises upon which Lutz lived as a tenant, and issued a landlord’s warrant for rent in arrear, amounting to $100'. W. J.…