Beaver County Building & Loan Ass'n v. Winowich

Dissenting Opinion by

Mr. Justice Barnes:

I dissent from the opinion of the majority. I would hold valid the legislation here in question. The majority opinion makes it appear that this legislation is an impairment of the obligation of contract in violation of the Federal Constitution, and that it contravenes provisions of the State Constitution. An analysis of the provisions of the Act leads me to the opposite conclusion. The Mortgage Deficiency Judgment Act of January 17, 1934, P. L. 243, here in question, does not impair any substantive contractual rights of the mortgagee. The mortgagor’s…