Barnes v. Elder

Supreme Court of Pennsylvania December 31, 1920

Barnes v. Elder, 268 Pa. 485 (Pa. 1920)

111 A. 923; 1920 Pa. LEXIS 722

Brown, Frazer, Kephart, Moschzisker, Simpson, Stewart, Walling

Opinion of the Court

Per Curiam,

The judgment which the court below opened was entered on a warrant in a lease authorizing the entry of judgment against the lessee for breach of his covenants. The appellant, the lessor, entered the judgment for an alleged breach of a covenant, but the court found as a fact that there had been no breach. This finding has not been assigned as error, and, being therefore conclusive, the appeal must be dismissed.

Appeal dismissed at appellant’s costs.

Reference

Status: Published
Syllabus: Appeals — Assignments of error — Findings of fact — Judgment— Lease — Opening judgment. Where a judgment entered on a lease for an alleged breach of covenants has been opened, an appeal from the order opening the judgment will not be sustained where the lower court’s finding of fact that there had been no breach, is not assigned as error.