67 Pa. Super. 415 | Pa. Super. Ct. | 1917
Opinion by
Plaintiff leased to the defendants a piano which had been used in a theater. Defendants took possession of the place and at the solicitation of the plaintiff, became the lessees of the piano, The written contract of lease,
The affidavit of defense is deficient in a number of respects. The officers and agents' who made the representations should be identified. It should appear that they were authorized to act. In Folsom Real Est. Co. v. Esmark, 38 Pa. Superior Ct. 580, this court stated that the affidavit should state that the agent had authority to bind the corporation, and in W. E. Heyser L. Co. v. Whiting L. Co., 62 Pa. Superior Ct. 76, we held that where an agreement of the character set up by the defendant was entered into it is not unreasonable that the defendants name or describe the agents who acted, for the plaintiff. See also Villar v. Coupe, 62 Pa. Superior Ct. 422.
■ We do not think that- under the circumstances as disclosed in the affidavit, the defendants can rely upon the?
Judgment affirmed.