Frigidinners, Inc. v. Branchtown Gun Club

Opinion by

Ervin, J.,

On May 31, 1951, judgment was entered against the Branchtown Gun Club, appellee, on behalf of Frigidin-ners, Inc., appellant, based on a warrant of attorney contained in a judgment note dated July 7, 1950 in the amount of $730.00.

The note had been executed by the appellee as collateral security for the payment of the purchase price of a Carrier Freezer purchased by appellee under a conditional sales contract dated July 7, 1950. On June 12, 1951 appellee filed a petition for a rule to open judgment. Subsequently, depositions were taken and James T. Harvey, the president of…