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GAGNON v. SPEBACK

383 Pa. 359 (1955)

Gagnon v. Speback, Appellant.

Supreme Court of Pennsylvania.

November 28, 1955.

Attorney(s) appearing for the Case

Harry Alan Sherman, for appellants.

John S. Simpson, with him A.G. Helbling, and Fisher, Ruddock & Simpson, for appellee.

Before STERN, C.J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, November 28, 1955:

Defendants appeal from the discharge of a rule to show cause why judgment should not be opened. The judgment was entered on November 2, 1953, by confession upon a note executed on October 31, 1952, by defendant Kuzneski in the name of the partnership. Kuzneski and Spevack comprised the partnership.

The note was given in payment of one-half of the purchase price for potatoes bought from plaintiff and sold and...

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