Severance v. Heyl & Patterson

Opinion by

Parker, J.,

The questions for consideration on this appeal arose on the trial of an issue framed for the purpose of determining whether a judgment entered by confession should be opened, and concern the right of the plaintiff to amend his declaration and the right of the plaintiff to take a voluntary nonsuit where a counter claim arising out of the same transaction was set up by the defendant.

In April, 1920, a lease was made by plaintiff, F. W. Severance, Trustee, to defendant, Heyl & Patterson, Inc., of certain premises in the city of Pittsburgh for a term of three years. The lease…