LAWTON v. DeANGELO


169 Pa.Super. 380 (1951)

Lawton, Appellant, v. DeAngelo.

Superior Court of Pennsylvania.

August 22, 1951.


Attorney(s) appearing for the Case

William Taylor, Jr., with him Holl, Taylor and Holl, for appellant.

Guy G. deFuria, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, ARNOLD and GUNTHER, JJ. (DITHRICH, J., absent).


OPINION BY ROSS, J., August 22, 1951:

This is an action of assumpsit brought by J. Edward Lawton and Jennie R. Lawton, his wife, lessors of a stone quarry under the terms of a written lease, for the recovery from defendant-lessee of rent which they allege is owing to them under the terms of the lease.

Defendant's answer was one of confession and avoidance. He admitted execution of the lease and his possession of the quarry under it, then interposed the affirmative...

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