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MACK v. FENNELL. (06/15/61)

June 15, 1961

MACK, APPELLANT,
v.
FENNELL.



Appeal, No. 131, Oct. T., 1961, from order of Court of Common Pleas of Montgomery County, Nov. T., 1958, No. 624, in case of Edwin R. Mack v. Jane T. R. Fennell. Order reversed.

COUNSEL

John P. Yatsko, for appellant.

Roger B. Reynolds, for appellee, submitted a brief.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 195 Pa. Super. Page 502]

OPINION BY WOODSIDE, J.

The court below struck off a judgment entered by confession in favor of a landlord against his tenant in the amount of $540 for rent from March 1 to and including November 1, 1958. The landlord appealed.

Edwin R. Mack leased his premises at 916 Swede Street, Norristown to Jane T. R. Fennell under a written lease providing for a term of one month and a tenancy from month to month thereafter at a rent of $60 per month payable on the first of each month. The lease provided in paragraph seven for termination by 30 days written notice by either party.

After the tenants had occupied the premises for several years, the landlord notified the tenant on January 17, 1958, as follows: "NOTICE is hereby given on behalf of Edwin R. Mack, your landlord, that your lease for the second floor apartment at the above address

[ 195 Pa. Super. Page 503]

    is terminated as of February 28, 1958, in accordance with paragraph seven of the lease."

The tenant continued to occupy the premises after February 28, 1958, and on November 29, 1958, Mack entered judgment in ejectment and "for the sum of Five Hundred Forty Dollars with costs for rent in arrears," which sum was described as "being the rental for the period from March 1, 1958, to and including November 1, 1958, the damages which Plaintiff suffered by reason of Defendant's unlawful detention of the demised premises."

This judgment was entered under a provision of the lease allowing judgment to be entered by confession against the lessee "... for the recovery of the possession of the aforesaid premises, and also for all arrearages of rent, if any, ... and the cost including an ...


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