Grossman v. McMahon

Citations

• 63 Pa. Super. 191
• 1916 Pa. Super. LEXIS 133

Syllabus

<p>Landlord and tenant — Eviction—Repairs—Extraordinary repairs —Affidavit of defense.</p> <p>In an action by a landlord against his tenant to recover one month’s rent, an affidavit of defense is sufficient which avers that the demised premises consisted of a room used by the defendant in the exhibition of moving pictures, that while a performance was going on, the ceiling of the room collapsed rendering the room untenable, that the plaintiff was immediately notified of the collapse, and without the consent of the defendant took possession of the property for the purpose of repairing it, that by the terms of the lease there was no obligation on the part of the plaintiff to make the repairs, although he could enter for that purpose if he wished, and that by reason of the action of the plaintiff, the defendant was wholly deprived of the use of the room during the time for which the rent was claimed.</p>