Opinion
June 27, 1924.
Samuel D. Spector, for the appellant.
William A. Herrmann, for the respondent.
The question involved in this appeal is whether the vendee in possession of real estate who up to the date of closing had been a tenant, is liable for rent after that date where the failure to close title was due to the landlord's default. The case was tried on stipulated facts as a question of law.
The learned trial court has found for the landlord. From the date of the landlord's default the tenant was in possession as vendee and not as a tenant, and a final order should have been directed in her favor.
Final order reversed, with thirty dollars costs, and final order awarded the tenant dismissing the petition.
All concur; present, BIJUR, MULLAN and LEVY, JJ.
Order reversed.