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MASTER HOMECRAFT COMPANY v. ZIMMERMAN (09/15/66)

decided: September 15, 1966.

MASTER HOMECRAFT COMPANY, APPELLANT,
v.
ZIMMERMAN



Appeal from order of Court of Common Pleas of Westmoreland County, July T., 1964, No. 468, in case of Master Homecraft Company v. Edward T. Zimmerman et al.

COUNSEL

Orlando N. Prosperi, with him Bernard Redlich, for appellant.

Vincent J. Morocco, with him Emmett C. Boyle, for appellees.

Ervin, P. J., Wright, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins, J., absent). Opinion by Spaulding, J.

Author: Spaulding

[ 208 Pa. Super. Page 402]

This appeal is from an order of the Court of Common Pleas of Westmoreland County making absolute a rule to strike off a judgment entered in favor of the Master Homecraft Company, appellant, on a judgment

[ 208 Pa. Super. Page 403]

    note executed by Edward T. and Alice Zimmerman, appellees.

The appellant company contracted to remodel the appellees' home. In connection with this work, the appellees on August 4, 1964, executed a judgment note in the principal amount of $9747. On the same date, at the direction of Edward Berg, partner of appellant company, the Prothonotary entered a judgment against appellees in the principal amount of the note.

On September 17, 1964, execution was issued by appellant upon the judgment and appellees' funds on deposit with the First National Bank of Export were attached on a writ naming the bank as garnishee. Following the allowance of a rule and the filing of an answer, the Court of Common Pleas of Westmoreland County ordered the judgment stricken on the grounds that it was impossible to determine from the face of the note the amount due or the date of maturity. Appellant entered its appeal and secured the issuance of a supersedeas.

The note in question reads in part:

$9,747.00 ...


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