Strafford v. Walter

Citations

• 24 Pa. Super. 498
• 1904 Pa. Super. LEXIS 221

Syllabus

<p>Landlord and tenant — Lease—Principal and agent — Distress—Replevin.</p> <p>In an action of replevin for goods seized in distress proceedings by defendant, it appeared that plaintiff was in possession of premises under a lease signed by a person who in the premises of the lease was described as an agent. Plaintiff paid rent to this person, and if such payment was ptoper, was not in default at the time of the distress. The defendant filed an affidavit of defense in which he averred that prior to the date of the lease, ,the leasehold had been assigned by the owner of the premises to a building association as collateral security for a loan; that defendant as secretary of the association had deputed the person who signed the lease as hgent to execute the lease and to collect the rent ; that prior to the day on which the first payment of rent was to be made, which was also the date of the lease, defendant notified plaintiff that the agency was revoked, and that the plaintiff should pay the rent to him, the defendant. A copy of the assignment of the leasehold was not attached to the affidavit of defense. Held, that the affidavit of defense was insufficient to prevent judgment.</p>