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1 Monag. 351

Patterson v. Pyle

Supreme Court of Pennsylvania

Decided February 25, 1889

Supreme Court of Pennsylvania · decided 1889-02-25

Error, No. 82, July T. 1887, toO. P. Delaware ■Co., to review an order making absolute a rule to strike off a judgment in an amicable action in ejectment, entered on a warrant contained in a lease, by Eobert E. Patterson, William Hayward Dray-ton, and Heñry P. Smith, Executors of Eobert E. Patterson, deceased, trading as E. Patterson & Co., against L. H. Pyle, at .June T. 1887, No. 60. McCollum and Mitchell, JJ., absent.

Decided 1889-02-25

Per Curiam,

¶1The court below committed no-error in striking off this judgment. There was no authority in the lease to confess a judgment in favor of the plaintiffs. Had the.confession of judgment followed the lease there would have been no room for objection upon this ground. The judgment was-properly stricken off, however, for the further reason that there was - nothing upon the record to show that the defendant had broken any of the covenants in the lease, and the law will not presume that he * has done so.

¶2Judgment affirmed. T. E. P.

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