Lyda, for Use v. Edwards

Supreme Court of Pennsylvania

Lyda, for Use v. Edwards

146 A. 111, 296 Pa. 434, 1929 Pa. LEXIS 536

CourtSupreme Court of Pennsylvania

DecidedMarch 25, 1929

DocketAppeal, 44

StatusPublished

This text of 146 A. 111 (Lyda, for Use v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lyda, for Use v. Edwards, 146 A. 111, 296 Pa. 434, 1929 Pa. LEXIS 536 (Pa. 1929).

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Opinion

Per Curiam,

This is an appeal from an order striking off a judgment by confession, entered on a warrant contained in a lease to defendants. The facts involved are sufficiently stated in Lyda v. Edwards, 94 Pa. Superior Ct. 273, where they came up on appeal from an order requiring a prior confessed judgment for the full amount of rent now claimed by appellant to be satisfied on the payment of a compromise sum agreed upon by the parties in interest. The written contract of compromise there set forth plainly contemplated the release of all possible rental indebtedness due by the tenant to the landlord, or claimed by the latter; such being the case, the present *436 confession of judgment, — entered after the date of the order of the Superior Court, — was properly stricken off by the court below.

The order appealed from is affirmed at cost of appellant.

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Per Curiam,

This is an appeal from an order striking off a judgment by confession, entered on a warrant contained in a lease to defendants. The facts involved are sufficiently stated in Lyda v. Edwards, 94 Pa. Superior Ct. 273, where they came up on appeal from an order requiring a prior confessed judgment for the full amount of rent now claimed by appellant to be satisfied on the payment of a compromise sum agreed upon by the parties in interest. The written contract of compromise there set forth plainly contemplated the release of all possible rental indebtedness due by the tenant to the landlord, or claimed by the latter; such being the case, the present *436 confession of judgment, — entered after the date of the order of the Superior Court, — was properly stricken off by the court below.

The order appealed from is affirmed at cost of appellant.

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Bluebook (online)

146 A. 111, 296 Pa. 434, 1929 Pa. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyda-for-use-v-edwards-pa-1929.