Bains v. Hall

Citations

• 273 Pa. 263
• 116 A. 887
• 1922 Pa. LEXIS 563

Syllabus

<p>Landlord and tenant — Lease—Bate of payment of rent — Ghange in date — Judgment—Opening judgment.</p> <p>1. An order refusing to open a judgment in ejectment on a lease will not be reversed where it appears that the lessee claimed that the payment of rent was to be made on July 1st, and that judgment had been entered on June 13th, but the evidence shows that the original lease held by the lessor, and the carbon copy held by the lessee must have been originally written with the date June 1st, although the carbon copy had the date changed to July 1st.</p> <p>2. In such case, if the word “July” was substituted for the word “Juno” in the lessee’s copy, and the change was made at the latter’s instance, it was his duty to call the lessor’s attention to the fact before the execution of the papers, and, not having done so, he is not in a position to take advantage of the change.</p>