Pollard & Brant, Inc. v. Stein

Opinion by

Trexler, J.,

We are asked to review the action of the lower court in refusing to open a judgment. The petition of Stein, the defendant, recites that on the 4th of August, 1919, he purchased from Pollard and Brant, Inc., and Fred Brant and Lee W. Pollard a coal mining property, paying $5,000 on account, and at the time the deed was delivered, giving a mortgage for $18,000; that as part of said transaction, the defendant and Pollard and Brant, Inc., entered into articles of agreement, which read as follows: “It is hereby agreed between the parties hereto as a part of the entire…