Appeal, No. 146, Jan. T., 1955, from judgment of Court of Common Pleas No. 5 of Philadelphia County, March T., 1954, No. 10545, in case of Lola Pedrick v. Alfred Gordin, Herman Utain and Sidney W. Hahn. Judgment affirmed.
Philip Richman, with him Richman & Richman, for appellants.
Abraham L. Hodes, for appellee.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE JONES
The plaintiff, Lola Pedrick, was the owner of a property at 1413 Fairmount Avenue, Philadelphia. By lease dated June 29, 1953, she demised the premises to the defendants for a term of five years at a specified
rental. The lessor was a married woman whose husband was living but did not join in the lease. Mrs. Pedrick held title to the property in her individual name and, consequently, executed the lease individually. The defendants vacated the premises on June 28, 1954.
Because of a prior default by the defendants in the payment of a month's rent, the lessor, pursuant to the warrant of attorney in the lease, had, on May 28, 1954, caused a judgment to be confessed against the defendants for the rent for the balance of the term. Just prior to the defendants' vacating the property they petitioned the court below to have the judgment against them opened and prayed that they be let into a defense. The ground for their petition was that it was beyond the capacity of Mar. Pedrick, under the Married Women's Act of 1893, P.L. 344, as amended, 48 PS §§ 31 and 32, to make a valid lease of her property without the joinder of her husband.
A rule to show cause was granted on the defendants' petition to open, and the plaintiff answered. The material facts, as hereinbefore recited, were not disputed. After argument, the court below discharged the rule and entered a final order to such effect. Defendants have appealed.
Appellants' contention that a married woman is incapable of executing a lease, as is here involved, without her husband's joinder is predicated on the language of Section 2 of the Act of 1893, as amended, 48 PS ...