United States Shipping Board Emergency Fleet Corp. v. Vivian

Citations

• 77 Pa. Super. 483
• 1921 Pa. Super. LEXIS 301

Syllabus

<p>Landlord and tenant — Leases•—Judgment—Ejectment—Buie to strike off — Judgment regular on its face.</p> <p>A court does not have the power to-strike off the judgment regular on its face. Where the judgment is regular, but the defendant claims that he has a legal defense, the proper practice is to proceed under a rule to open the judgment.</p> <p>Lease — Forfeiture clause — Application.</p> <p>Covenants for a lease to be void or to cease and determine on failure by the lessee to comply with the conditions, do not make the lease void, except at the option of the lessor, and that legal effect, no matter what form or cumulation of phrases be used, can only be changed by an express stipulation that the lease shall be voidable at the option of either party.</p>