Fogerty v. Dix

Citations

• 75 Pa. Super. 214
• 1920 Pa. Super. LEXIS 252

Syllabus

<p>Landlord and tenant — Amicable action in ejectment — Confession and warrant of attorney to confess — Assignment of lease — Bights of assignee.</p> <p>An assignment clause in a lease contained the following provision: “In case the demised premiseg shall be sold or conveyed by the lessor during the term or any renewal thereof, the lessor shall have the right to assign this lease, whereupon such assignee shall be substituted to all the rights of lessor hereunder.”</p> <p>The lease was subsequently assigned, although the premises demised were not sold or conveyed to the assignee. A judgment in ejectment was entered by the assignee ostensibly under the provisions of the lease. Held that, while the lessor was authorized to enter judgment in the event of a default, that power was not intended to and did not pass to the lessor’s assignee, unless the demised premises were sold and conveyed, and the lease was then assigned, and that a judgment entered on the lease should be stricken oS.</p>