Shermer v. Paciello

Citations

• 161 Pa. 69
• 28 A. 995
• 1894 Pa. LEXIS 634

Syllabus

<p>Landlord and tenant — Subletting—Ejectment—Judgment—Security for rent — Act of March 25, 1825.</p> <p>A subtenant under a tenant who has covenanted not to sublet, has no standing to set aside a judgment entered upon an ejectment clause in a lease, where there is no waiver of the covenant by agreement or acquiescence on the part of the landlord.</p> <p>In such a case where the landlord has notified the tenant to give security under the act of March 25, 1825, 8 Sm. L. 411, and the subtenant has offered the security and been refused, the landlord may subsequently enter judgment under the warrant of attorney in the lease.</p>