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STARK v. BREEN (06/27/69)

decided: June 27, 1969.

STARK, APPELLANT,
v.
BREEN



Appeal from order of Court of Common Pleas of Allegheny County, April T., 1968, No. 79, in case of Mary Stark v. James P. Breen et ux.

COUNSEL

Frank R. Sack, for appellant.

Donald P. Minahan, for appellees.

Bell, C. J., Jones, Cohen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Pomeroy. Mr. Justice Eagen took no part in the consideration or decision of this case.

Author: Pomeroy

[ 435 Pa. Page 21]

This is an appeal from an order of the lower court making absolute a rule granted on the plaintiff to show

[ 435 Pa. Page 22]

    cause why a judgment entered in her favor against the defendants should not be opened.

Plaintiff, the appellant here, was mortgagee of certain real estate in Pittsburgh which she had sold to defendants. As part of the consideration for the sale, the defendants gave their bond in the amount of $48,000, and purchase money mortgage to secure the same. At the time of taking judgment the debt had been reduced to $38,000.

The bond was conditioned not only on the payment of the balance of the purchase price in certain installments, with interest, but also on the payment of "all premiums and charges for such insurance on the buildings upon the land described in the accompanying mortgage as shall from time to time be taken out by the said obligee, her heirs or assigns, to better secure the said debt and interest." The bond further provided for acceleration of all sums evidenced by it, together with attorneys' commission of 10%, in the event of any default which remained uncured for 60 days. The judgment in question was obtained by confession on January 2, 1968, in the amount of $43, 184.30, itemized as follows:

Real debt $38,000.00

Insurance premiums on

     buildings ...


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