Longacre v. Robinson

Opinion by

Mr. Justice Kephart,

The reasons assigned in the court below to open the judgment in this case were, (1st) the note on which judgment was entered was given in payment of an automobile truck of a capacity of two and a half tons, whereas the one delivered was three-quarters of a ton, and (2d) the truck was known to have been purchased for a special purpose and, to meet that purpose, certain requirements were demanded; the truck did not meet those requirements. Plaintiff knew this and promised to remedy the defects, but never did so. The court below discharged the rule to open.

There is…