Fiat Motor Co. v. North Broad Street Realty Co.

Citations

• 61 Pa. Super. 35
• 1915 Pa. Super. LEXIS 263

Syllabus

<p>Landlord and tenant — Rent—Refusal of tender — Affidavit of defense — Replevin.</p> <p>Where in an action of replevin by a tenant against his landlord to recover property 'alleged to have been wrongfully distrained for rent, it appears that under the lease the tenant agreed “to keep the rear building reasonably warm during cold weather for which the lessor agrees to pay one-half of the coal bill monthly,” and that tender was made by the lessee of the amount of the monthly rental less one-half of the monthly coal bill, an affidavit of defense will not bar judgment which merely avers that “for the purpose of keeping its books, the defendant corporation required payment in full of the rent and would have then paid for the coal with its own voucher.”</p> <p>In such a case the plaintiff is not obliged to bring into court the amount of rent admitted to be due.</p>