Dever v. Kathrins & Golen
Superior Court of Pennsylvania
Appeal, No. 56, Oct. T., 1923, by defendants, from judgment of O. P. No. 1, Pbila. Co., June T., 1921, No. 2823, on verdict for tbe plaintiff in tbe case of Daniel Dever v. Alex. Kathrins and Harry Golen, trading as Kathrins and Golen. Assumpsit to recover rent due on a lease. Before Shoemaker, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $723.52 and judgment thereon. Defendant appealed.
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Appeal, No. 56, Oct. T., 1923, by defendants, from judgment of O. P. No. 1, Pbila. Co., June T., 1921, No. 2823, on verdict for tbe plaintiff in tbe case of Daniel Dever v. Alex. Kathrins and Harry Golen, trading as Kathrins and Golen. Assumpsit to recover rent due on a lease. Before Shoemaker, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $723.52 and judgment thereon. Defendant appealed. Error assigned, among others, was refusal to allow defendants to file a supplemental affidavit of defense.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of assumpsit upon a written lease of the premises, Nos. 114 and 116 North 22d Street, Philadelphia, to recover rent for four months, during which the premises were actually occupied under the lease. The statement of claim with notice to file an affidavit of defense having been duly served on June 23, 1921, and the defendants having failed to file an affidavit of defense, judgment for want thereof was duly entered on July 25th. Counsel for the parties, on September 8th, filed a written agreement that the judgment entered be opened and the defendants be…
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