Sanctis v. Checco

Beck, J.,

In this proceeding, defendant has petitioned the court to strike off, or, in the alternative, to open a judgment and to be let into a defense on the ground that at the time of service of the complaint in assumpsit by the sheriff upon defendant’s wife she was in poor health and failed to inform defendant of plaintiff’s cause of action. A rule to show cause was granted upon plaintiff. The undenied allegations in the pleadings established the following facts:

Edward J. Sanctis, plaintiff, is an excavating contractor. John Checco, defendant, is a general contractor and maintains his…