205 Pa. Super. 4 | Pa. Super. Ct. | 1964
Opinion by
The plaintiff sought to replevy a stereo and television set which it had sold to the defendant Dutton on a bailment lease. The complaint averred that at the time of the sale Dutton lived at 1416 Laurel Drive,
The court below correctly stated the law that a landlord is entitled to distrain upon all goods on the leased premises not exempt by statute (Reinhart v. Gerhardt, 152 Pa. Superior Ct. 229, 231, 31 A. 2d 737,
The trouble with this disposition is that in the reply to new matter the plaintiff has denied (1) that the goods were on the premises, (2) that the lease averred was made with the occupant of the premises as averred, (3) that there was any rent in arrears, and (4) that the goods in question were actually dis-trained and sold by the constable. These are all matters of fact within the knowledge of the landlord, some of which, at least, the plaintiff cannot be expected to know. The plaintiff, therefore, had the right to deny them in accordance with Pa. S. C. P. No. 1029(c) and put the plaintiff to his proof. The case cannot be determined on the pleadings. The order of the court below must be reversed and the case remanded for further proceedings in accordance with this opinion.
Order reversed and remanded.