Poole v. Great American Insurance

Opinion by

Mr. Chief Justice Bell,

Plaintiff brought an action in assumpsit against Joseph S. Frankel and Fannie Frankel, his wife, to re cover a sum allegedly due for the installation of an exercise track on a farm owned by defendants. The complaint alleged that plaintiff did the work at the request of Frankel, who had express, implied or apparent authority to contract for the work on behalf of his wife. Thereafter, because both defendants failed to file an answer to the complaint, a default judgment was entered against them and an attachment execution was issued and served on the Mellon…