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.

L. B. FOSTER COMPANY v. TRI-W CONSTRUCTION COMPANY (11/28/62)

November 28, 1962

L. B. FOSTER COMPANY, APPELLANT,
v.
TRI-W CONSTRUCTION COMPANY, INC.



Appeals, Nos. 226, 227 and 228, March T., 1962, from orders of Court of Common Pleas of Allegheny County, Jan. T., 1962, Nos. 3605, 3606 and 3607, in case of the L. B. Foster Company v. Tri-W Construction Company, Inc. Orders affirmed.

COUNSEL

Julian Ruslander, with him Marvin S. Lieber, and Ruslander, Ruslander & Lieber, for appellant.

Joseph S. Schuchert, Jr., for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, O'brien and Keim, JJ.

Author: Keim

[ 409 Pa. Page 319]

OPINION BY MR. JUSTICE KEIM

These are appeals from the orders of the Court of Common Pleas of Allegheny County wherein judgments filed at D.S.B. 3605, 3606 and 3607 were stricken from the record without prejudicing any right which the plaintiff may have by way of an action of assumpsit or similar proceeding. The total of the three judgments was $21,817.63 each entered by virtue of warrants of attorney to confess judgment contained in written equipment rental agreements and steel piling rental agreements dated in October, 1960 and the calendar year 1961.

The equipment and steel piling specified in the agreements were delivered to, accepted and used by the

[ 409 Pa. Page 320]

    appellee without incident until 1961 at which time appellee defaulted in the payment of rental under the agreements in controversy.

The petition to strike each judgment avers two reasons: (1) lack of authority by the parties executing the agreements to sign on behalf of the defendant; and (2) the warrants to confess judgment were contained on the reverse side of each of the agreements, and defendant did not realize it was authorizing a warrant to confess while the signatures were on the face of the agreements.

We will discuss the second above quoted reason, because it establishes sufficient cause for striking the judgments.

The judgments confessed at D.S.B. 3605 and D.S.B. 3607 are based on "Equipment Rental Agreements" and contain the following language on the face of the agreement: "... for and in consideration of the payments, covenants and agreements hereinafter set forth and subject to the TERMS AND CONDITIONS printed on the reverse side and made a part hereof, the Lessor hereby leases and rents to the Lessee for the Rental Period ...


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.