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PARLIAMENT INDUSTRIES v. WILLIAM H. VAUGHAN & CO. (06/12/81)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 12, 1981.

PARLIAMENT INDUSTRIES, INC.
v.
WILLIAM H. VAUGHAN & CO., INC., APPELLANT

287 Pa. Super. 458.

Price, Judge.

Author: Price

[ 287 Pa. Super. Page 471]

On Reconsideration

On December 1, 1980, this panel, with Watkins, J., dissenting, filed its opinion striking the judgment entered December 8, 1977 and reducing the judgment of December 27, 1977 by the amount of $262,599.00. This case was then remanded for disposition of appellant's petition to open.

Appellee filed a petition for reargument and, on April 23, 1981, a majority of the judges than in service ordered this panel to reconsider the disposition of the second judgment. This action was taken, we assume, on the mistaken assumption that there may have been a delinquency in the payment of interest, which delinquency might require a different result.

The record clearly reflects that appellee never claimed such a delinquency in interest*fn1 and the judgment entered was for the principal sum, less installments paid, of $306,365.50. Accordingly, we hold that appellee's claim of a default in payment of the interest on all four notes, advanced for the first time in its petition for reargument, was never a proper issue for consideration, either by the trial court or this court.

[ 287 Pa. Super. Page 472]

Accordingly, we reaffirm our opinion and order of December 1, 1980.


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