McCormick v. Fidelity & Casualty Co.

Opinion op

Mr. Justice Simpson,

Plaintiffs appeal from an order of the court below, discharging their rule for judgment for want of a sufficient affidavit of defense. The arguments took a wide range, but a brief statement of the facts will demonstrate that the order should be affirmed.

Plaintiffs were the owners of a plot of ground in the city of Harrisburg, with the buildings thereon erected, all of which were in the occupancy of tenants, whose leases had a number of years to run, three of them not expiring until March 31, 1934. On November 23, 1928, plaintiffs leased to Schulte-United, Inc.,…