Herkowitz v. Molnick

Opinion by

Trexler, P. J.,

By virtue of a provision of the lease between the parties to this proceeding, a judgment was entered against Molniek, the defendant, on August 29, 1929, for the sum of $4,000. On the 31st day of August, 1929, the defendant presented a petition praying that the judgment be opened, stating that instead of $400 a month being due, $375 was the correct figure, (later fixed by the defendant at $350) that sum being agreed to by oral agreement in consideration of the defendant retaining possession of the premises and the prompt payment of all future rents.

The fifth paragraph…