Boswell v. Chalmers

Citations

• 73 Pa. Super. 543
• 1920 Pa. Super. LEXIS 60

Syllabus

<p>Landlord and tenant — Surrender—Acceptance—Agency of lessor — Affidavit of defense — Sufficiency.</p> <p>In an action to recover rent accruing after the defendants had vacated the premises, an affidavit is sufficient that alleges that the defendants, lessees, through their agent, surrendered possession prior to the time required by the lease, which was accepted by the landlord. A verbal notice of vacation, if accepted, is sufficient and a waiver of written notice may be by parol.</p> <p>Averments in an affidavit of defense must be taken as true and the defendant is not required to set forth the manner in which they will be proved or the evidence in which they will be substantiated.</p>