Manning v. Barnard Homes, Inc.

Forrest, J.,

In this action in assumpsit a judgment by default was entered on October 3, 1952, against Barnard Homes, Inc., one of the defendants. Sidney Lupowitz, who is not a party to the action, has filed his petition for leave to open the judgment. The matter is before us on petition and answer, there being no depositions. Under Pa. R. C. P. 209(6) and Rule 24(3) of Rules of Court of Common Pleas of Montgomery County, the allegations of the petition which are not denied by averments of fact responsive to the petition and properly pleaded in the answer and which, therefore, are deemed…