Dawson v. Vrostyak

Citations

• 71 Pa. Super. 344
• 1919 Pa. Super. LEXIS 107

Syllabus

<p>Judgment — Opening judgments — Evidence—Forgery.</p> <p>Where the defendant in a confessed judgment, testifies that his signature is a forgery, ,and there is opposing testimony, there is no inflexible rule which impels the court to open a judgment. Even in such a case the judge should exercise a sound discretion, after a careful consideration of the character of the testimony. The application to open a judgment is addressed to the equitable powers of the court and it is .a mistake to suppose that it cannot judge of the weight of the evidence and the credibility of the witnesses, or that in every instance it must send the case to the jury.</p> <p>Grantor — Grantee—Covenants—Default of grantee.</p> <p>The clause of forfeiture or termination in a contract, upon the failure of the purchaser to meet its terms, is presumed to be for the benefit of the grantor and, as against him, no default of the grantee can release the latter from his covenant to pay. The right to forfeit, upon the failure of the grantee to comply with his contract, is given to the grantor to be exercised upon his election, and when he elects to enforce the contract the grantee is without just grounds for complaint.</p> <p>Legal holidays — Fourth of July — Contracts.</p> <p>The legal holidays created by the Act of June 23, 1897, P. L. 188, and February 16, 1911, P. L. 3, are permissive only and the operating force of the statutes is limited to transactions regarding payments, protests, etc., of commercial paper. They do not apply to ordinary contracts.</p>