Wolfe v. Arrott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1885, No. 51. This was originally an action brought by William Arrott against Frank Wolfe before a magistrate to recover one month’s rent of premises leased by Arrott to Wolfe. The magistrate having given judgment for the plaintiff for $75, the defendant appealed to the Court of Common Pleas.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1885, No. 51. This was originally an action brought by William Arrott against Frank Wolfe before a magistrate to recover one month’s rent of premises leased by Arrott to Wolfe. The magistrate having given judgment for the plaintiff for $75, the defendant appealed to the Court of Common Pleas. The plaintiff then filed a copy of the lease on which the suit was brought, which was signed and sealed by both parties, the material portions of which are as follows : “ This agreement witnesseth, That William Arrott, of…
1Opinion of the CourtChief Justice Mercur
This suit was by a landlord against his tenant, to recover one month’s rent of a building and premises, let at the annual rental of ?*900.
Judgment having been taken for want of a sufficient affidavit of defence, all the facts therein averred must be considered as true for present purposes. The question then is, do they constitute a defence which should have been submitted to the jury ?
The lease is in writing. It stipulates the lessee shall not use the premises otherwise than as a dwelling house. It therefore fairly represents and declares the house to be in all respects fit and suitable for that…
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