Horan v. R. S. Cook & Associates, Inc.

HOFFMAN, Judge:

Appellant contends that the lower court abused its discretion in opening a default judgment entered against appellee. We agree and, accordingly, reverse the order of the court below and reinstate the default judgment.

Plaintiff-appellant, Ralph P. Horan, is the trustee in bankruptcy of the estate of Numeroff & Company, Inc., an electrical contracting firm. On December 11, 1978, plaintiff instituted this action by filing a complaint in assumpsit alleging that defendant-appellee, R. S. Cook & Associates, Inc., had failed to pay the bankrupt for work performed as defendant’s…