Davis v. Pierce

Citations

• 52 Pa. Super. 615
• 1913 Pa. Super. LEXIS 298

Syllabus

<p>Judgment—Opening judgment—Lease containing warrant to confess— Ignorance of contents—Failure to read—Landlord and tenant.</p> <p>1. A judgment entered on a warrant in a lease will not be opened on the ground that the defendant, when she signed the lease, did not know that it contained a confession of judgment, if it appears that the defendant had an opportunity to read the paper, and that she was not deterred therefrom by any fraud or misrepresentations of the plaintiff.</p> <p>2. A judgment entered on a warrant in a lease for a stable will not be opened, on an allegation of the defendant that she had not taken possession on account of the unsanitary condition of the stable of which she was without knowledge, where it appears that there were no misrepresentations made to her, or facts concealed from her as to the condition of the stable, and that at the time of the execution of the lease the plaintiff was in the actual occupancy of the stable, and had been for three months prior thereto.</p> <p>3. A covenant on the part of the lessee to keep a stable in a clean and sanitary condition does not imply a representation upon the part of the lessor that the stable was in a clean and sanitary condition when the lease was executed; nor does it relieve the lessee from examining the premises.</p>