Leon Gabai, Inc. v. Krakovitz

Opinion by

Keller, J.,

We are of one mind in holding that the judgment entered in favor of the defendant in the court below must be reversed, because it was not warranted by the Practice Act of 1915, P. L. 483.

The action was brought by a tenant against its landlord to recover the damages sustained by reason of the failure of the landlord to repair the roof of the demised building upon notice from the tenant, as covenanted in the lease. The sum claimed in the plaintiff’s statement represented the damages to its stock of merchandise resulting directly from defendant’s failure to repair the roof…