2 Assistance Building & Loan Ass'n v. Wampole

Citations

• 6 Pa. Super. 238
• 1897 Pa. Super. LEXIS 343

Syllabus

<p>Appeals — Refusal of judgment — Practice on review.</p> <p>The appellate court will not interfere, where rules for judgment have been refused, in doubtful and uncertain cases, but will do so where the case is clear and free from doubt.</p> <p>Practice, O. P. — Stifficiency of affidavit — Landlord and tenant — Sheriff's sale of leased property.</p> <p>The plaintiff’s statement showing liability for rents accruing, subsequent to sheriff’s sale, by tenant to sheriff’s vendee, who was also assignee of the lease from the former owner, an affidavit is insufficient which admits notice of plaintiff’s claim for rent, a payment of rent after such notice and a notice of intended discontinuance after expiration of the current year, and which attempts to limit and modify the effects of such acts by stating reasons which influenced such conduct at the time. Intentions in such cases are not the subject of inquiry. The court can only inquire into the legal effect of admitted facts.</p>