Legal Opinion

Fitzpatrick v. Rogers

Superior Court of Pennsylvania

Decided December 10, 1920No. Appeal, No. 150PublishedCited by 1 opinion

Appeal, No. 150, Oct. T., 1920, by defendant, from judgment of O. P. No. 1, Philadelphia County, June T., 1919, No. 698, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Mary B. Fitzpatrick v. Ethel P. Rogers. Assumpsit for rent and damages alleged to be due by reason of defendant’s abandonment of leased premises. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 150, Oct. T., 1920, by defendant, from judgment of O. P. No. 1, Philadelphia County, June T., 1919, No. 698, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Mary B. Fitzpatrick v. Ethel P. Rogers. Assumpsit for rent and damages alleged to be due by reason of defendant’s abandonment of leased premises. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense and damages were…

1Opinion of the Court

Opinion by

Keller, J.,

This was an action in assumpsit upon a lease for a furnished apartment. Two items of claim were stated : The first for unpaid rental, the second (under a clause in the lease), for damage to a piece of furniture by the negligent use thereof.

1. Appellant, the lessee, vacated the premises before the expiration of her term. This, of course, did not relieve her from paying the rent for the unexpired term, unless the lessor accepted a surrender of the premises, or re-rented the apartment, in which event the rent thus received must be credited on the rent due. The affidavit of…

2Cases cited2 opinions

  1. Watkins v. PhillipsSupreme Court of Pennsylvania · 1837
  2. Riott v. BlackstoneSuperior Court of Pennsylvania · 1899

3Cited by1 opinion

  1. Platt v. PhiladelphiaSuperior Court of Pennsylvania · 1957

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