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PLUM TREE v. SELIGSON ET AL. (06/14/73)

decided: June 14, 1973.

PLUM TREE, INC.
v.
SELIGSON ET AL., APPELLANTS



Appeal from order of Court of Common Pleas of York County, May T., 1971, No. 2034, in case of Plum Tree, Inc. v. Dorothy Seligson, Jerome Seligson and Stephen L. Seligson.

COUNSEL

Spencer R. Liverant, with him Patrick H. Mulvany, and Liverant, Senft and Cohen, for appellants.

Michael J. Brillhart, with him Robert M. Strickler, and Markowitz, Kagen & Griffith, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ. Opinion by Spaeth, J.

Author: Spaeth

[ 224 Pa. Super. Page 472]

This is an appeal from an order refusing a motion to strike a judgment.

The judgment was confessed against appellants on July 27, 1971, in the amount of $9,108.52 rent, pursuant to Section 17 of a "Franchise Agreement" between appellants as franchisee and appellees as franchisor. Appellants' motion to strike alleged various reasons why the judgment should be stricken, but of these only two remain at issue: that the warrant does not authorize confession for rent; and that the warrant is so obscure

[ 224 Pa. Super. Page 473]

    that appellants should not be held to know what they had signed.

The agreement provides:

"5. Lease and Rental. As part of the consideration of the granting of the within franchise and license, the Franchisee shall execute a lease with Franchisor upon property within the "designated area" herein at the rental set by the franchisor/lessor. Such payments shall constitute a part of the consideration for the granting of the within franchise and license.

". . . .

"17. Default in Payment of Franchise Fees or Other Amounts Owing to ...


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