Appeal, No. 212, Oct. T., 1959, from order of Municipal Court of Philadelphia County, Jan. T., 1958, No. 476, in case of Esther Goldberg v. Jacob Altman et al. Order affirmed.
Charles Sovel, with him Freedman, Landy & Lorry, for appellants.
Merton J. Matz, with him Zoob, Cohan & Matz, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 496]
This is an appeal from an order of the Municipal Court of Philadelphia discharging a rule to strike off a judgment by confession entered by Esther Goldberg, the appellee, against Jacob Altman and Bobby Altman, the appellants.
On September 28, 1956, the appellants together with Morris Levinson and Anna Levinson, leased premises from the appellee located on the northwest corner of 12th and Wood Streets, Philadelphia. The appellants are husband and wife; the Levinsons are the father and mother of Bobby Altman. The premises in question were equipped and operated as a luncheonette and restaurant.
The following provision of this lease is involved in the appeal:
"The lessees agree to sign a note of $3600 as security for the specific performance of all the terms and conditions of the said lease and any extension thereof. Note shall be signed by Jacob Altman and Bobby his wife
[ 190 Pa. Super. Page 497]
and Morris Levinson and Anna, his wife, same may be recorded."
Despite this provision, which certainly can be interpreted to mean the execution of one note by all four lessees, they, on the same date as the execution of the lease, and without any explanation, signed and delivered to the lessor two separate notes, each in the amount of $3600, one signed by Jacob Altman and Bobby Altman, his wife, and one signed by Morris Levinson and Anna Levinson, his wife. These notes were judgment notes in the usual form and were instruments separate and ...