Berger v. Pittsburgh Auto Equipment Co.

Opinion by

Mr. Chief Justice Horace Stern,

The principle that controls the present stage of this controversy is that a proceeding to open a judgment is *63addressed to the sound discretion of the court, and unless it clearly abuses that discretion its action will not be disturbed on appeal: Deviney v. Lynch, 372 Pa. 570, 94 A. 2d 578.

Plaintiff, David Berger, and defendant, Pittsburgh Auto Equipment Company, entered into a written agreement whereby plaintiff leased to defendant for storage purposes a portion of the second floor of a certain property on Centre Avenue, Pittsburgh, for a term of two…