Joy v. Amantea

Citations

• 43 Pa. Super. 529
• 1910 Pa. Super. LEXIS 86

Syllabus

<p>Judgment — Opening judgment — -Evidence — Discretion of court— Vendor and vendee.</p> <p>On an application to open a judgment given for purchase money of real estate so that the defendant may deduct therefrom a payment made to a tenant to secure possession of the property, where the question involved is whether the defendant knew of the existence of the lease and purchased the property subject to it, the lower court may in the exercise of a sound discretion determine the question from a consideration of the preponderance of the evidence and the credibility of the witnesses; and in the absence of an abuse of discretion the appellate court will not reverse the action of the lower court in refusing to open the judgment.</p>