Berwick Store Co. v. Zadyejka
Superior Court of Pennsylvania
Appeals, Nos. 32, 33, 34, 35 and 36, March T., 1921, by plaintiff, from judgment of C. P. Luzerne County, May T., 1919, Nos. 706, 707, 708, 709 and 710, on verdict for defendant in the case of Ber-wick Store Company v. Joseph Zadyejka and George Rapalavicz. Issue framed upon rule opening judgment. Before Strauss, J. The facts are stated- in the opinion of the Superior Court. Verdict for defendants and judgment thereon. Plaintiff appealed.
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Appeals, Nos. 32, 33, 34, 35 and 36, March T., 1921, by plaintiff, from judgment of C. P. Luzerne County, May T., 1919, Nos. 706, 707, 708, 709 and 710, on verdict for defendant in the case of Ber-wick Store Company v. Joseph Zadyejka and George Rapalavicz. Issue framed upon rule opening judgment. Before Strauss, J. The facts are stated- in the opinion of the Superior Court. Verdict for defendants and judgment thereon. Plaintiff appealed. Errors assigned was in making absolute the rule to open the judgment, charge of the court, answers to points and refusal of plaintiff’s motion for judgment…
1Opinion of the Court
Opinion by
Henderson, J.,
The notes which are the subjects of controversy were given by the defendants to the plaintiff to secure the balance of rent for a truck leased by the plaintiff to the defendants. The lease was in writing and was for “one two-ton Reo truck, No. 3306,” and was to be in force for ten months. The whole amount of the rent was $1,300; eight hundred of which was paid when the lease was signed. Five judgment promissory notes for the deferred payments were given at the same time. Defense was made on the ground that the truck delivered was not a two-ton truck. The defendants…