Swiercz v. Nalepka

Plaintiffs brought an action of assumpsit against the defendants to recover damages for the alleged breach of a contract for the exchange of real estate. The defendants entered their appearance and afterwards, upon notice served on opposing counsel, an order was entered extending the time within which defendants might plead, but through misunderstanding of counsel for defendants the order did not grant defendants as much time as counsel had understood the order provided. The plea not having been filed within the time as extended, plaintiff, by their counsel, appeared in court and without…