Legal Opinion

Dalton v. Willingmyre

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 112PublishedCited by 14 opinions

Appeal, No. 112, October T., 1914, by plaintiff, from order of C. P. Delaware Co., March T., 1913, No. 193, making absolute rule to strike off judgment in case of Eva G. Dalton v. Philip S. Willingmyre. Rule to strike off judgment. Before Bromall, J. From the’ record it appeared that .judgment was entered under a warrant of attorney contained in a lease of chattels, the material provisions of which are quoted in the opinion of the Superior Court.

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Appeal, No. 112, October T., 1914, by plaintiff, from order of C. P. Delaware Co., March T., 1913, No. 193, making absolute rule to strike off judgment in case of Eva G. Dalton v. Philip S. Willingmyre. Rule to strike off judgment. Before Bromall, J. From the’ record it appeared that .judgment was entered under a warrant of attorney contained in a lease of chattels, the material provisions of which are quoted in the opinion of the Superior Court. The suggestion of default was as follows: James L. Rankin, being duly affirmed according to law, deposes and says that he makes this affidavit for…

1Opinion of the Court

Opinion by

Orlady, J.,

The court below struck off a judgment based upon an article of agreement in which the plaintiff agreed to hire to the defendant certain fixtures in a drug store for the period of thirty-six months, charging for the hire and use thereof for thé term the sum of $1,500; the said hire to' be payable in quarterly installments of $125 each, with interest from date, and prescribed' certain conditions relating to the care of the property during the term; for a surrender at its expiration in the event of nonpayment of the rental price, and if Willingmyre had paid the hire for the…

2Cases cited5 opinions

  1. Whitney v. HopkinsSupreme Court of Pennsylvania · 1890
  2. Connay v. HalsteadSupreme Court of Pennsylvania · 1873
  3. Latrobe Building & Loan Ass'n v. FritzSupreme Court of Pennsylvania · 1893
  4. Dikeman v. ButterfieldSupreme Court of Pennsylvania · 1890
  5. Richards v. RichardsSupreme Court of Pennsylvania · 1890

3Cited by14 opinions

  1. Commonwealth v. J. & A. Moeschlin, Inc.Supreme Court of Pennsylvania · 1933
  2. Jameson Piano Co. v. EarnestSuperior Court of Pennsylvania · 1917
  3. Philadelphia Gas Heating Co. v. SandersSuperior Court of Pennsylvania · 1956
  4. Cam Vending Service v. KesslerSuperior Court of Pennsylvania · 1964
  5. R. Krevolin & Co., Inc. v. TharpSuperior Court of Pennsylvania · 1955

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