America Corp. v. Cascerceri

HOFFMAN, Judge:

Appellant contends that the lower court abused its discretion in opening a default judgment. We agree, vacate the order of the lower court, and order the default judgment reinstated.

On January 14, 1977, appellant, American Corporation, filed a complaint in assumpsit in the Philadelphia County Court of Common Pleas against appellee, Frank J. Cascerceri, trading as Cascerceri Realty. The complaint alleged that appellant, a realty corporation, and appellee, a real estate broker, had agreed orally to divide equally a broker’s commission on the sale of a Philadelphia restaurant if…