Nierenberg v. R. C. Maxwell Co.

Citations

• 76 Pa. Super. 295
• 1921 Pa. Super. LEXIS 139

Syllabus

<p>Practice, G. P. — Affidavit of defense — Sufficiency—Lease—Advertising — Refusal of art jury to approve.</p> <p>In an action to recover rents for premises leased for advertising purposes, an affidavit of defense is insufficient, which merely alleges that the art jury of Philadelphia refused to approve proposed sign, especially when the art jury did not prohibit the erection of any sign on the plaintiff’s roof, but only disapproved of the particular design submitted.</p> <p>There having been no warranty in the lease that defendant had a legal right to erect an electric sign, and the lease having been made after the passage of the act creating the art jury, it must be assumed that the lessee took the risk of obtaining the approval of the art jury for its proposed sign or signs.</p>