Appeal from order of Court of Common Pleas of Allegheny County, July T., 1965, No. D.S.B. 4943, in case of Edward J. Sanctis et ux. v. Robert Lagerbusch et ux.
Allen S. Gordon, for appellants.
J. Lee Miller, with him Harvey A. Miller, Jr., and Miller & Miller, for appellees.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Watkins, J.
[ 213 Pa. Super. Page 484]
This is an appeal by Robert Lagerbusch and Sally I. Lagerbusch, his wife, the appellants, from an order of the Court of Common Pleas of Allegheny County refusing the petition of the appellants for a rule to show cause why a judgment by confession in favor of Mr. and Mrs. Edward J. Sanctis, the appellees, and against the appellants, should not be opened.
The petition was in the alternative to either strike or open and for the purposes of this opinion it will be treated as a petition for a rule to open. It is, therefore, an equitable proceeding. The pertinent portions of the petition are as follows:
"1. On June 7, 1965, the plaintiffs confessed judgment against the defendants in the amount of $3,795.00 on judgment note dated September 12, 1964 at the above number and term, which comprised the sums of $3,450.00, the amount of the note, and $345.00 for 10% attorney's commissions.
"5. On September 12, 1964, the defendants purchased from the plaintiffs furniture situate on the premises at 1350 Steuben Street, Pittsburgh, Allegheny County, Pennsylvania, for the sum of $4,950.00 and the defendants paid the plaintiffs the sum of $1,500.00 on account thereof leaving a balance due of $3,450.00, which furniture is set forth in Exhibit 'A' attached hereto and made part hereof.
"6. In consideration for the purchase of the aforesaid furniture by the defendants from the plaintiffs
[ 213 Pa. Super. Page 485]
and in consideration of the execution of the aforesaid judgment note for the payment of the aforesaid balance of $3,450.00, the plaintiffs agreed to remove back fill from the basement, shore up the balance of the basement, lay concrete floor and place paneling on the walls on the premises situate at 1350 Steuben Street.
"7. On May 18, 1964, the defendants purchased from the plaintiffs the real estate situate at 1350 Steuben Street under Agreement of Sale for $40,000.00. As part of the total transaction, the defendants purchased the aforesaid furniture on September ...