Koch v. Moyer and Burkhart

Opinion by

Keller, J.,

The appellant, Dr. Burkhart, became surety for Moyer on a bond given to Mrs. Koch to secure the performance of a contract for building a house. The bond contained a warrant of attorney authorizing the confession of judgment against the contractor and his surety. Averring a default in the performance of the contract, judgment was confessed by an attorney in favor of Mrs. Koch against Moyer and Burkhart, respectively, for $1,050.65, with interest from December 9, 1925. A petition to open the judgment was presented by the defendants in which they alleged full and complete…