Olekszyk v. Walelko

Opinion by

Trexler, J.,

This matter came before the lower court upon a petition to open judgment and let defendants into defense. An answer was filed, depositions were taken in support of defendant’s petition and counter-depositions by the plaintiff, after argument, the court discharged the rule. No opinion was filed. There is no question that the judgment was confessed for the sum of money then due and strictly speaking, no reason was offered why the judgment should be opened.

The defendants* however, have deposed that when the money was borrowed, there was an agreement that plaintiff should…