Berwick Store Co. v. Zadyejka

Citations

• 76 Pa. Super. 461
• 1921 Pa. Super. LEXIS 169

Syllabus

<p>Notes — Judgment notes — Bailment — Leases —■ Automobiles — Failure of consideration — Opening judgments.</p> <p>On the trial of an issue, on a rule to open judgment, it appeared certain notes were given for payment on a bailment lease for an automobile. Evidence was produced that the truck was warranted to be a two-ton Eeo truck and that it had not corresponded to the warranty.</p> <p>Under such circumstances, it was not error to open the judgment and submit the question to the jury, and a verdict for the defendant will be sustained.</p>