268 Pa. 485
Decided December 31, 1920
Supreme Court of Pennsylvania · decided 1920-12-31
Appeal, No. 26, Oct. T., 1920, by plaintiff, from order of C. P. Lawrence Co., Dec. T., 1919, No. 70, opening judgment, in case of Thomas V. Barnes v. C. H. Elder et al. Eule to open judgment. Before Emery, P. J. The opinion of the Supreme Court states the case. The court made absolute the rule to open the judgment. Plaintiff appealed. Error assigned was above order, quoting record.
Appeal dismissed · Decided 1920-12-31
¶1The judgment which the court below opened was entered on a warrant in a lease authorizing the entry of judgment against the lessee for breach of his covenants. The appellant, the lessor, entered the judgment for an alleged breach of a covenant, but the court found as a fact that there had been no breach. This finding has not been assigned as error, and, being therefore conclusive, the appeal must be dismissed.
¶2Appeal dismissed at appellant’s costs.