Fort Pitt Real Est. v. Schaefer Et Ux.

Opinion by

G-awthkop, J.,

Defendants appeal from an order discharging a rule to show cause why a judgment by confession entered against them on their bond accompanying a mortgage should not be opened.

The following facts are undisputed: The Fort Pitt Real Estate Company, a corporation, entered into a contract with defendants to build a house on a lot owned by the latter for an agreed consideration. Oh July 15, 1927, when there was due and owing to the company under the contract a balance of $1,045, although the construction of the house had not been completed, it notified defendants that it…