Massey v. Blair

Citations

• 176 Pa. 34
• 34 A. 925
• 1896 Pa. LEXIS 1036

Syllabus

<p>Judgments — Opening judgments — Discretion of court. ■</p> <p>The action of the common pleas in opening a judgment will not be reversed, except for manifest error.</p> <p>Judgment — Opening judgment. — Building contract.</p> <p>On a rule to open a judgment the defendant claimed that the note upon which judgment was entered was made to raise money to carry on a building operation in which he and the plaintiff were jointly interested; that it was agreed between them that upon the completion of the operation the defendant was to convey to the plaintiff sixteen of the houses, and was to receive from him the said note and other obligations which he had given ; that he had offered to convey and had tendered a deed on the condition agreed upon, and that the tender had been refused by the plaintiff. Plaintiff claimed that certain debts against the houses were to be paid by defendant before he was entitled to have the notes delivered back. The evidence on this question was conflicting. The defendant afterwards conveyed the houses to a third party. Held, (1) that an issue was properly awarded to determine the validity of the judgment; (2) that the fact that the defendant conveyed the houses to a third party and thus put it out of his power to comply with the terms of the written agreement did not make him unconditionally liable on the judgment, inasmuch as his conveyance of the houses in discharge of claims was in the interest and for the relief of both parties.</p>