Orner v. McCauley

Opinion by

Mr. Justice Walling,

On January 10,1919, the parties hereto entered into a written contract by which the plaintiff, M. V. Omer, agreed to sell the defendant, B. F. McCauley, a moving picture theatre, including building and furniture in Juniata Borough, Blair County, for $4,500, of which $2,500 was paid by assignment of a mortgage, $25 in cash and the balance, $1,975, to be paid February 10, 1919. Immediate possession was to be and was given. The contract contained a judgment clause providing, inter alia, that, in “case of default, the said party of the second part [McCauley] hereby…