Supreme Court of Pennsylvania April 21, 1942, Appeal, 146 (Klais v. Guiton)

Opinion by

Mr. Justice Maxey,

This is an appeal from the refusal of the court below to take off a compulsory non-suit in an action of trespass. The statement of claim averred that the defendant, the owner of certain premises, orally agreed when these premises were leased to plaintiff, Albert Klais, on October 8,1938, “to make all necessary repairs to said premises and particularly agreed to