Opinion
April 13, 1932.
July 14, 1932.
Appeal N. 46, April T., 1932, by plaintiff from order of C.P., Clarion County, Feb. T., 1928, No. 22, in the case of Fairman Bros., to use, etc. v. Smail Oil Gas Company.
Before TREXLER, P.J., KELLER, GAWTHROP, CUNNINGHAM, BALDRIGE, STADTFELD and PARKER, JJ. Affirmed.
Petition for rule to open judgment entered on a note. Before HARVEY, P.J.
The facts are stated in the opinion of the Superior Court.
Rule absolute. Plaintiff appealed.
Error assigned, among others, was the order of the court.
Edward Friedman, and with him Charles J. Margiotti, W.M. Gillespie, S.C. Pugliese and Samuel Wilson, for appellant.
Geo. W. Whitmer, and with him A.A. Geary for appellee.
Submitted April 13, 1932.
Counsel for appellants and appellee have agreed that the same judgment shall be entered by this court in this appeal as is entered in the appeal to April Term, 1932, No. 47, Fairman Bros. to use c. v. Ogden Gas Co., 106 Pa. Super. 130.
Accordingly, for the reasons stated in the opinion filed in that case, the assignment of error is overruled and the order of the court below opening the judgment as to the defendant, Smail Oil Gas Co., is affirmed.