Korr v. Butz

Opinion by

Baldrige, P. J.,

Plaintiff has appealed from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense in an action brought to recover certain monies alleged to be due under a written contract.

Plaintiff’s statement sets forth that he is the owner of a building known as the “Earle Theatre” in Allentown, which he purchased subject to a prior mortgage of $100,000, securing bonds held by various individuals. On January 2, 1940, an agreement was entered into between the plaintiff and the various bondholders, which provided inter alia for the extension…