Passanante v. Callier

Plaintiffs originally brought this suit against defendant for breach of a real estate contract. After filing their complaint, plaintiffs filed a motion for judgment by confession on a *10,000 promissory note signed by defendant as a portion of his earnest money on the contract. No order was entered on this motion. Thereafter plaintiffs filed an amended complaint asking for relief in two counts: (I) confession of judgment on the *10,000 promissory note and (II) judgment in the sum of *8,000, the amount of defendant’s personal check, returned for insufficient funds. On January 3, 1977, a judgment by…