Macauley v. Teller

Citations

• 15 Pa. Super. 527
• 1901 Pa. Super. LEXIS 384

Syllabus

<p>Landlord and tenant — Replevin—Talcing of judgment note for rent.</p> <p>In an action of replevin where the plaintiff claims that a judgment note given to the defendants was a payment of the rent in arrear, but from the terms of an affidavit made by the plaintiff at the time the note was given there is ground for supposing that the note was to constitute a payment only if the facts stated in the affidavit proved to be true, the court errs in withdrawing the case from the jury and preventing the defendants from showing that the judgment note was taken tentatively until the representations as to title and incumbrances respecting the land to be bound by the judgment should be verified by examination, and that on the representations proving to be erroneous, the defendants asserted their right to proceed for the rent irrespective of the judgment note.</p>