61 Pa. Super. 288 | Pa. Super. Ct. | 1915
Opinion by
This is an appeal from the refusal of the court to strike off a judgment entered on a warrant of attorney contained in a lease. This warrant authorized the confession of judgment in case of violation of any of the covenants and agreements made by the lessee. The lease provided for the payment of rent monthly in advance and contained an agreement that in case default be made at any time in the payment of any installment of rent the entire balance of the rent for the term should become due and payable. The statement filed with the confession of judgment shows a default in payment of the rent due January 1 and February 1, 1913, and the judgment was entered because of this default. The principal objection made to the judgment is that the affidavit of default is not made by Charles J. Kirch, but by John P. Kirch, a stranger to the contract, and Rule 13 of the Court'of Common Pleas is appealed to in support of the objection. This rule provides that “all affidavits required by these rules may be made by the party or in proper cases by his agent.” If this rule were applicable to the case in hand it is not clear that its requirements have not been met, for the affidavit states that the deponent is familiar with the facts set forth and is authorized to make this affidavit.. But our attention has not been called to any act of assembly or rule of court which makes necessary an affidavit of default under such circumstances. The affidavit filed is a part of the statement of claim and sets forth a default, but the defendant executed the warrant of attorney authorizing a confession
The decree is affirmed at the cost of the appellant.