Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

FRANTZ TRACTOR COMPANY v. WYOMING VALLEY NURSERY. (02/06/56)

February 6, 1956

FRANTZ TRACTOR COMPANY, INC., APPELLANT
v.
WYOMING VALLEY NURSERY.



Appeals, Nos. 273 and 274, Jan. T., 1955, from orders of Court of Common Pleas No. 6 of Philadelphia County, June T., 1954, Nos. 10239 and 10240, in case of Frantz Tractor Company, Inc. v. Wyoming Valley Nursery. Orders affirmed.

COUNSEL

Harry Norman Ball, with him Morris L. Weisberg and Joseph G. Feldman, for appellant.

Richard D. Solo, with him Ivo V. Giannini and Lipschutz, Solo & Bergman, for appellee.

Before Stern, C.j., Stearne, Jones, Musmanno and Arnold, JJ.

Author: Jones

[ 384 Pa. Page 214]

OPINION BY MR. JUSTICE JONES

These appeals are from the several orders of the court below striking off judgments which were confessed in favor of the plaintiff and against the defendant in asserted reliance on putative warrants of attorney contained on the reverse side of equipment rental agreements which the parties had executed on stereotyped forms furnished by the plaintiff. The blank spaces in the forms which had to be filled in in order to give the agreements any semblance of current undertaking by the respective parties were all on the obverse side of the forms and that is the only place where the parties signed.

In the body of the signed portion of the agreement, there appears the following: "'This Contract and all TERMS AND CONDITIONS, rights and remedies herein contained

[ 384 Pa. Page 215]

    and set forth on the reverse side hereof shall bind the parties hereto, their and each of their heirs, executors, administrators, successors and assigns ...'" On the unsigned reverse side of the agreements, there are twenty-one separate paragraphs so finely printed as not to be readily legible and so close in type as to be blurred in places. In the last half of the eighteenth paragraph, which, incidentally, begins innocently enough, there is a warrant of attorney authorizing a confession of judgment against the lessee for most any type of alleged breach of the lease and for the lessor's final and conclusive determination of the amount allegedly due him for damages to the demised equipment.

It so happens that the judgments were entered against Wyoming Valley Nursery which is not a corporate entity but the registered fictitious name and style under which one Edith M. Wheeler was doing business. Her name nowhere appears in the leases which were signed for Wyoming Valley Nurseries by one Karl Dickson Dsiedzie whose identity is not disclosed by the rental agreements. However, we predicate nothing of those circumstances but merely cite them as possibly imputing additional frailties to the confessed judgments.

The learned court below struck off the judgments in reliance on our recent decision in Cutler Corporation v. Latshaw, 374 Pa. 1, 97 A.2d 234, the particular similarity noted between that case and the present being that "there is no warrant of attorney to confess judgment on the face of the instrument." That is true. However, in the Latshaw case, the contract there involved contained only a parenthetical provision that the furnishing and installation of household equipment shall be "subject to conditions on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.