137 A. 605 | Pa. | 1927
Argued April 19, 1927. Defendant appeals from an order of the court below, discharging its rule to strike off a confessed judgment for rent claimed to be due, which confession was alleged to have been entered by virtue of authority contained in a lease from plaintiffs to defendant. The decision below is right.
The lease specifies that it is "for the term of six years . . . . . . [and] that either party hereto may determine this lease at the end of said term by giving written notice thereof at least three months prior thereto, but in default of such notice, this lease shall continue, upon the same terms and conditions as herein contained . . . . . . for a further period of one year, and so on from year to year, until terminated by either party hereto giving the other three months written notice for removal previous to the expiration of the then current term. . . . . . Lessee hereby empowers any attorney of any court to appear for lessee in any and all actions to be brought for any arrears of rent or rent herein treated as if in arrear . . . . . . which may at any time fall due . . . . . . and to sign for lessee an agreement for entering in any competent court an amicable action or actions for the recovery of such arrears of rent or rent herein treated as if in arrear . . . . . . and further, in said suits or in said amicable action or actions any attorney is hereby authorized to confess judgment against lessee for all arrears of rent or rent herein treated as if in arrear . . . . . . which may at any time fall due or become due under this lease."
It is alleged in the sworn statement accompanying the amicable action and confession of judgment, that defendant did not give the notice specified in order to determine the lease at the end of the six years, and that the amount of rent for the seventh year, for which judgment was entered, was due and owing by defendant to plaintiffs at the time the judgment was entered. For the purposes of the present proceeding, these averments must be taken as true. *432
The statement of questions involved, which, under our rules, limits the points we are required to consider (Bethlehem Steel Co. v. Topliss,
"Defendant cites cases based upon Smith v. Pringle,
The order of the court below is affirmed, without prejudice to defendant's right to apply for a rule to open the judgment.