Lersch v. Hay

Citations

• 14 Pa. Super. 112
• 1900 Pa. Super. LEXIS 23

Syllabus

<p>Opening judgment — Discretion of court — Review on appeal.</p> <p>An agreement being to deliver a deed of conveyance of a certain property free from all incumbrances, except those mentioned, for which a judgment note was given as security, is fulfilled if complied with in a reasonable time in the absence of express agreement that it should be made on a certain day. With the fact of the tender having been made established in the case there was nothing which ought to have moved the court below to refuse to open the judgment on the ground that defendant by his laches had forfeited his right to discharge his obligation on the note in the manner indicated. Such conditions disclose no such abuse of power as would justify a reversal of the discretion exercised by the court below.</p>