Thomas v. Boyle

Citations

• 265 Pa. 487
• 109 A. 232
• 1920 Pa. LEXIS 464

Syllabus

<p>Landlord and tenant — Dispossession—Judgment—Bent—Opening judgment.</p> <p>1. An order setting aside a writ of habere facias and its return, and ordering a return of the premises to the lessee, will be reversed on appeal, where it appears that an interval of three years intervened after the proceeding to set aside had begun and the case called for argument, that the lease had expired less than two months after the decree was entered, and that plaintiffs were in possession when the appeal was argued.</p> <p>2. A judgment entered by confession under a lease, is properly opened, where it appears the lessors had made no demand upon the premises for the exact amount of the rent on the day it fell due, as required by the lease, that it was impossible for the lessee to make monthly accountings specified in the lease, because of the incongruous and conflicting terms of the lease, that a course of dealing between the parties had continued for such a time as to make it inequitable for the lessors to forfeit the lease without notice of an intention to do so, and that the judgment had been entered to force an increase of rent.</p>