Shapiro v. Malarkey

Citations

• 278 Pa. 78
• 122 A. 341
• 29 A.L.R. 1358
• 1923 Pa. LEXIS 475

Syllabus

<p>Landlord and tenant — Eviction—Interference by third party.</p> <p>1. A landlord cannot be charged with evicting his tenant because the latter’s beneficial use of the property was obstructed or prevented by a third party, who acted entirely on his own behalf.</p> <p>Appeals — Opening judgment — Question raised by petition and answer.</p> <p>2. Upon the hearing of a rule to open a judgment, the court below should limit itself to the questions raised by the petition and answer, and the consideration of an appeal from the order made will likewise be so limited.</p> <p>Landlord and tenant — Lease—Judgment—Confession of judgment — Amount—Execution.</p> <p>3. Judgment may be entered on a lease which authorizes a confession of judgment for the amount of rent specified in it, even though there is none due at the time the judgment is entered. 4. Under sucb circumstances, however, unless the lease provides otherwise, execution can only issue for the amount due, together with an attorney’s commission for collection (if the lease also authorizes this), at such a rate, not exceeding that provided in the lease, as the court below in the exercise of a sound discretion shall decide to be just.</p> <p>Landlord and tenant — Bent—Place of payment — Demand.</p> <p>5. Where a lease does not provide a place at which rent is payable, the landlord, before taking advantage of a forfeiture clause in it, must make demand for the precise rent due, on the very day on which it became due, and at the most notorious place on the land, unless this duty has been waived by the acts of the parties.</p> <p>Appeals — Buie 55 — Suppression of record — Printing testimony.</p> <p>6. Hereafter the mandatory provision of Supreme Court Rule 55, requiring the omission from the printed record of all testimony irrelevant to the questions raised by the appeal, must be obeyed; otherwise the record may be suppressed and the appeals dismissed in cases where it has not been.</p>