Edmundson v. Singer Sewing Machine Co.
Superior Court of Pennsylvania
Appeal, No. 146, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 772, on verdict for plaintiff in case of Ira H. Edmundson, Agent for F. C. Kohne, v. Singer Sewing Machine Company. Assumpsit for rent. Shaper, J., found the facts to be as follows: The action is founded upon a lease at the rental of $20.00 per month expiring April 1, 1905, the plaintiff being the landlord and the defendant the tenant.
Read the full summary
Appeal, No. 146, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T., 1905, No. 772, on verdict for plaintiff in case of Ira H. Edmundson, Agent for F. C. Kohne, v. Singer Sewing Machine Company. Assumpsit for rent. Shaper, J., found the facts to be as follows: The action is founded upon a lease at the rental of $20.00 per month expiring April 1, 1905, the plaintiff being the landlord and the defendant the tenant. The premises were leased to the defendant by the Hazelwood Savings & Trust Company, which was agent for the plaintiff for the purpose of leasing and -…
1Opinion of the Court
Opinion by
Head, J.,
No question is raised as to the sufficiency of the prima facie case presented by the plaintiff. The lease was in writing. Its execution was not denied. The period for which a recovery was sought was within the term named in the lease, and the amount of the rent due by the lessee, if any were due, was in no way disputed in the pleadings or evidence. The single defense offered was that during the term the lease had been surrendered by the lessee and the surrender accepted by the lessor.
This character of defense put the defendant in the attitude of an actor, and the burden was…
2Cases cited3 opinions
- Auer v. PennSupreme Court of Pennsylvania · 1882
- Jamestown & Franklin R. R. v. EgbertSupreme Court of Pennsylvania · 1892
- Murphy v. LoschSupreme Court of Pennsylvania · 1892
3Cited by5 opinions
- New Eureka Amusement Co. v. RosinskySuperior Court of Pennsylvania · 1936
- MacBrine-mcadams Realty Co. v. MorrisSuperior Court of Pennsylvania · 1937
- Young v. United States Housing Corp.Superior Court of Pennsylvania · 1925
- Waldman v. BaerSuperior Court of Pennsylvania · 1923
- Jones v. SilvermanSuperior Court of Pennsylvania · 1928