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WILLIAMS v. ALLEGHENY UNION PLAZA (12/11/74)

decided: December 11, 1974.

WILLIAMS, ET AL.
v.
ALLEGHENY UNION PLAZA, INC. (ET AL., APPELLANT)



Appeal from order of Court of Common Pleas, Civil Division, of Allegheny County, Oct. T., 1972, No. 1294, in case of James E. Williams and Robert Schwartz, trading as Williams and Schwartz Electric v. Allegheny Union Plaza, Inc., and William A. Baker.

COUNSEL

David B. Washington, with him Shields and Washington, for appellant.

Samuel P. Kamin, for appellees.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Van der Voort, J. Hoffman and Spaeth, JJ., concur in the result.

Author: Van Der Voort

[ 231 Pa. Super. Page 171]

Appeal is taken by Defendant William Baker from Order of the Court of Common Pleas, Civil Division, Allegheny County, denying Defendant's Petition to Open Judgment.

Plaintiffs, electrical sub-contractors, had brought suit on two counts:

(1) That a contract, commenced with Defendant William Baker, had been amended by authorization of Baker, all of said work performed, and a balance is yet due and owing; and

(2) That Defendant Allegheny Union Plaza, Inc., has been unjustly enriched by the amount of the extra work performed by Plaintiffs.

Allegheny Union Plaza, Inc., is owner and developer of an apartment project; William Baker is contractor thereon. Service was perfected on said Defendants by the Sheriff of Allegheny County on August 15, 1972, and Defendants were notified to plead within twenty days. No responsive pleading having been filed within the appropriate time, Plaintiff obtained default judgment against both Defendants on September 7, 1972.

On September 13, 1972, Defendant Baker petitioned to open judgment. On the same day, Defendant Allegheny Union Plaza, Inc., petitioned for rule to show

[ 231 Pa. Super. Page 172]

    cause why the default judgment should not be stricken or opened. Plaintiffs answered ...


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