Finberg v. Burkhardt
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1912, by plaintiff, from order of C. P. No. 1, Philadelphia Co., March T., 1912, No. 1169, making absolute rule to open judgment in case of Benjamin Finberg v. Isaac Burkhardt. Rule to open judgment. The facts are set forth in the opinion of the Supreme Court. Error assigned was order making absolute rule to open judgment.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an appeal by the plaintiff from an order of the court below making absolute a rule to open a judgment entered upon a bond accompanying a mortgage given by the defendant to plaintiff to secure payment of the balance of purchase money due on certain real estate sold by the plaintiff to the defendant.
The ground for opening the judgment as set forth in the petition for the rule is that at the execution of the articles of agreement for the sale of the real estate and the bond and mortgage there was a parol agreement “that whilst the consideration for the…
2Cases cited1 opinion
- Jones v. BackusSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- United States v. Gleneagles Inv. Co., Inc.District Court, M.D. Pennsylvania · 1983
- Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953