Girard Discount Co. v. Layton

Opinion

Diggins, J.,

This matter initially came before this court on defendants’ petition to open judgment. The late Hon. William R. Toal opened the judgment and let defendants into a defense. Subsequently, plaintiff, use plaintiff and defendants, through counsel, entered into a court-approved stipulation to the effect, inter alia, that the issues in the case be framed by a complaint and answer, reserving unto defendants the right to file a counterclaim. A complaint in assumpsit was thereupon filed in due course by plaintiff, Girard Discount Company, and defendants filed an answer thereto…