Rau v. Rex

Citations

• 2 Monag. 87
• 1889 Pa. LEXIS 1353

Syllabus

<p>In an action of covenant on an agreement of suretyship to pay rent, brought by an executor, there was filed a copy of the lease executed in the name of the estate, as lessor by an agent named, to which was attached the agreement of suretyship. On the same day, the plaintiff filed averments as to breach of covenants, etc., but they were not attached to the lease or to the agreement. Subsequently, an affidavit of defense was filed by the son of the defendant, averring that he appeared for his father who was sick, “that there was a good and sufficient defense to the suit, of which he was familiar, but that he was advised by counsel that he was not then required to reveal the nature of the same.” The court entered judgment “for want of an affidavit of defense,” without rule or notice to the defendant. Held,, not to be error.</p>