Mumma v. Club Plan of America

Per Curiam,

This matter is before us on defendant’s petition for a rule to open a judgment of $1,372 obtained by plaintiff on a warrant of attorney to confess judgment contained in a lease. Plaintiff filed an answer to defendant’s petition, waived the issuance of the rule, whereupon depositions were taken.

The question for decision is whether defendant-tenant under its covenants'in the lease assumed absolute liability for the cost of replacing a burned out boiler with a new boiler. The lease provided, inter alia, as follows:

“1. No waste shall be committed; and at the end of the said term the…