Binswanger v. Dearden

Supreme Court of Pennsylvania February 3, 1890

Binswanger v. Dearden, 132 Pa. 229 (Pa. 1890)

19 A. 32; 1890 Pa. LEXIS 801

Clark, Green, McCollum, Mitchell, Paxson, Williams

Opinion of the Court

Per Curiam :

We are of the opinion that the affidavit of defence was suf*231ficient to carry the case to a jury. The same reasons which render an opinion of doubtful propriety, in cases of appeals from preliminary injunctions, apply with equal force when we affirm an order of the court below refusing judgment for want of a sufficient affidavit of defence. The ease must go to a jury, and may come up again after a verdict. The less we say about it now the better.

Affirmed.

Reference

Full Case Name: ISIDOR BINSWANGER v. R. R. DEARDEN
Cited By: 2 cases
Status: Published
Syllabus: An affidavit of defence to an action for rent on a lease renewed from year to year with a provision for three months’ notice of an intention of the lessee to quit, averring an unavailing effort to find and serve the lessor with notice, at his place of business, on a clay exactly three months prior to the end of the year, the sending by mail and receipt of the notice two days thereafter, a delivery and unconditional acceptance of the keys of the premises at the house of lessor’s authorized agent, a payment of all rent due and an abandonment of the premises before the expiration of the then current year, was sufficient to prevent summary judgment.