Kozuhowski Reuss v. Snigel Snigel

Opinion by

Keeler, J.,

Plaintiffs brought this action of assumpsit to recover commissions alleged to be due them under a written contract constituting them defendants’ exclusive agents for the sale of certain real estate owned by the latter. Judgment was taken on September 11, 1925 for want of an affidavit of defense.

On September 21, 1925, defendants filed a petition praying for the opening of said judgment, alleging that the affidavit of defense had actually been filed in the prothonotary’s office on the morning of September 11th and before any judgment had been entered in the action. A rule…