Vaughan & Co. v. Hopewell

Citations

• 79 Pa. Super. 239
• 1922 Pa. Super. LEXIS 222

Syllabus

<p>Judgments — Confession of judgment — Buie to open judgment— Feigned issue.</p> <p>On a rule to open judgment the court discharged the rule upon the failure of the defendant to make out a case of fraud.</p> <p>By the terms of the confession the judgment was given as security for any commissions which might accrue to the plaintiff company by virtue of an agency to sell certain premises of which defendant was the owner. The court, while it did not open the judgment, awarded an issue to determine the amount which might be due and owing on the contract.</p> <p>Held, that under such circumstances the issue was properly awarded, and that judgment for want of a sufficient affidavit of defense could not be entered in such issue.</p>