Ellis v. Johnson

Smith, P. J.,

— This matter comes before us on exceptions to an adjudication by Fenerty, J.

Plaintiff filed a petition for a declaratory judgment under the provisions of the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, 12 PS *272§831, and its amendments. Defendant filed an answer thereto. The parties to the litigation agreed that the court should decide the case upon the averments of the petition and answer.

The pleadings show that David Ellis, also known as Dave Ellis, and Levis Johnson, on September 26, 1945, agreed in writing that Clarence Johnson, son of Levis Johnson, then a…