Fogel Refrigerator Co. v. Oteri

Opinion by

Mr. Justice Bok,

The question is whether a second petition to open a judgment entered by confession can be considered after a first has been denied and the denial affirmed on appeal.

The dispute arises from an agreement to install refrigerating equipment, with a judgment note given as collateral for the sale of the material by bailment lease. The lease, providing for first payment on November 30, 1955, was dated June 29, 1955, and judgment was taken on July 1, 1955, pursuant to authority in the lease that this might be done before delivery or default. The equipment was not completely…