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BERNARDI BROS. v. RONALD I. BUXTON (04/27/84)

April 27, 1984

BERNARDI BROS., INC.
v.
RONALD I. BUXTON, APPELLANT



No. 235 Harrisburg, 1982, Appeal from the Order of June 10, 1982 in the Court of Common Pleas of Dauphin County, Civil Division, No. 299 N, 1982

Before Wickersham, Wieand, and Cercone, JJ. Wickersham, J. files a Dissenting Memorandum.

Per Curiam:

The order of the lower court refusing to open the confession of judgment in ejectment is affirmed.

WICKERSHAM, J.:

I would reverse the order of the lower court refusing to open the confession of judgment in ejectment. I would permit appellant to present his defense to a jury, in particular his defense that forfeiture in his case works as an injustice on him, given his equity in the business.

19840427

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