Connor v. Schildt

Citations

• 16 Pa. Super. 88
• 1901 Pa. Super. LEXIS 22

Syllabus

<p>Ground rent — Set-off—Unliquidated damages.</p> <p>In an action to recover arrears of ground rent, a set-off based on unliquidated damages cannot be allowed.</p> <p>Ground rent — Set-off—Terre-tenant.</p> <p>In an action to recover ground rent in arrears, an affidavit of defense by the terre-tenant is insufficient which avers that the plaintiff in order to better secure ihe ground rent had agreed to advance to the defendant a sum of money for the erection of a house on the land, and that the defendant had complied with this contract and had assigned the contract to the terre-tenant, but that the plaintiff had refused to pay the said balance, and was being sued therefor by the terre-tenant in the common pleas, without there being any averment in the affidavit that a release of liens and receipts for the payment of street improvements had ever been delivered to the plaintiff in compliance with the terms of the building contract with the defendant.</p> <p>Appeals — Judgment—Ground rents — No service on defendant.</p> <p>On an appeal from a judgment against both defendant and terre-tenant in an action for ground rent, where the record shows that no service was had upon the defendant, the Superior Court will not pass upon the effect of the judgment entered against the defendant.</p>