Tourison v. Engard

Citations

• 30 Pa. Super. 179
• 1906 Pa. Super. LEXIS 41

Syllabus

<p>Landlord and tenant — Use and occupation — Contract—Affidavit of defense.</p> <p>The plaintiff in an action for the use and occupation of land must prove a contract to pay either a stipulated compensation for the use of the land, or such sum as the use was reasonably worth. A mere averment in the ^statement of claim that the defendant continued in the occupation of the premises after a sheriff’s sale, and had been frequently requested to pay an amount mentioned per month for the use and occupation of the premises, and had refused to pay that sum, is insufficient.</p> <p>To entitle'a plaintiff to judgment for want of an affidavit of defense, or for want of a sufficient affidavit of defense, the statement of his demand under the Act of May 25,1887, P. L. 272, must be self-sustaining; that is to say, it must set forth in clear and precise terms a good cause of action, by which is meant such averments of fact as, if not controverted, would entitle him to a verdict for the amount of this claim.</p>