Bains v. Hall
Bains v. Hall
Opinion of the Court
Defendant appeals from the discharge of a rule to open a judgment in ejectment entered on a lease. Plaintiff, on May 6,1921, leased to defendants, for a term of years, the basement premises at the southeast corner of Twelfth and Chestnut streets, Philadelphia. A typewritten lease was executed in duplicate. The copy held by plaintiff required the first payment of $2,500 on account of rent to be made on the first day of June, 1921. Payment not having been made on that date or previous to June 13, 1921, plaintiff, on the latter date, entered judgment under the provisions of the lease and repossessed himself of the premises. In the petition to open the judgment, appellant, one of the lessees, claims the first payment of rent did not become due until July 1, 1921, that the ejectment proceeding was, consequently, premature and, in support of his contention, produced his copy of the lease which provides for payment of the $2,500 on July 1, 1921. Depositions were taken by the parties to determine the proper date, which were considered by
Judgment affirmed at costs of appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.