Appeal from order of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1966, No. 6314, in case of Foremost Mortgage Service Company v. J. R. Waylonis, M.D.
Paul R. Zavarella, for appellant.
John H. Neely, and Neely & Stockdale, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J.
[ 216 Pa. Super. Page 89]
Dissenting Opinion by Montgomery, J.:
This is an appeal by J. R. Waylonis, M.D., from the dismissal by the court below of his petition for a rule to show cause why a judgment confessed against him by the Foremost Mortgage Service Company (Foremost) entered April 1, 1966, should not be opened.
The record in this case consists of only the petition to open the judgment, no answer having been filed thereto by Foremost and no depositions having been taken by the parties. The petition to open alleges as a defense to the judgment that at the time Foremost negotiated the mortgage loan in behalf of Waylonis for a commission of $6,700.00, it held itself out as a real estate broker when, in fact, it was an unlicensed real estate broker within the Real Estate Brokers License
[ 216 Pa. Super. Page 90]
Act of May 1, 1929, P. L. 1216, 63 P.S. § 442, and thus it is not entitled to the said commission or to the use of ...