Kull v. Mastbaum & Fleisher

Citations

• 269 Pa. 202
• 112 A. 631
• 1921 Pa. LEXIS 537

Syllabus

<p>Practice, G. P. — Affidavit of defense — Evidence—Offer of affidavit generally — Facts admitted.</p> <p>1. Where certain paragraphs of an affidavit of defense are offered by plaintiff generally, the averment of facts therein contained, must be given due credit.</p> <p>2. If the purpose of the offer is to use defendant’s affidavit in connection with plaintifE’s statement, to establish only facts admitted, the offer should be so limited.</p> <p>Landlord and tenant — Principal and agent — Eviction—Surrender — Estoppel—Abandonment of premises — Personal property on premises.</p> <p>3. Belinquishment of possession by a tenant and the resumption of possession by the landlord operates, as a general rule, as a surrender by operation of law, by way of estoppel.</p> <p>4. An agent of tbe landlord for the collection of rent is not liable to a tenant who has abandoned possession, for the value of personal property left on the premises, where it appears that defendant had not taken the goods, that he had nothing to do with the reletting of the premises to a person who had been a subtenant of the tenant, and that the tenant failed to show that the goods could not have been secured by him from such person.</p>