Purvis v. Dempsey

Citations

• 238 Pa. 173
• 85 A. 1091
• 1913 Pa. LEXIS 942

Syllabus

<p>Landlord and tenant — Breach of conditions of lease — Remedies —Forfeiture—Judgment by confession — Opening judgment.</p> <p>1. A written lease of real estate for a term of years provided that the lessee should not underlet the premises “without tho written consent of the lessors under the penalty of instant forfeiture of the unexpired part of the term for which this lease is given.” It was further provided that in case of default in payment of rent or “any other breach of covenant upon the part of the lessee the whole of the rent shall at the option of the lessors become due and payable to the lessors, or their attorney may enter or confess judgment against the lessee for the whole amount of said rent.” The lease also contained this clause: “A determining of the term or receipt of rent after default or after judgment, or after execution, shall not deprive the lessors of other actions against the lessee for possession, or for rent or damages, but the lessors may use the remedies herein given, or those provided by law.” The lessee underlet the premises, and thereafter the lessors entered judgment by confession for the whole rent for the balance of the term. Held, (1) that the remedy by forfeiture of the unexpired term was not exclusive; (2) that the lessors had a right to enter judgment for the whole of the rent for the unexpired term; (3) that the judgment should not be stricken off.</p> <p>2. In such a caso an affidavit made by the lessor filed with the lease and averring a breach of the condition is sufficient in the first instance to support the judgment.</p>