Cooper v. Frost

Carr, J.,

Petitioner, against whom judgment was confessed upon a mortgage bond, obtained this rule to show cause why the judgment should not be opened in order to permit a recoupment of damages from plaintiff for a breach of contract, the performance of which was a part of the consideration for the mortgage debt.

On November 20, 1939, Henry J. Cooper, a heating contractor doing business as Henry J. Cooper Company, proposed in writing to install in a dwelling house at 40 Barton Mill Road in South Union Township, owned by Ruth J. Frost, defendant, a winter air-conditioning system according to the…