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PRESTRESSED S. INC. v. BARGAIN CITY, U.S.A.

413 Pa. 262 (1964)

Prestressed Structures, Inc., Appellant, v. Bargain City, U.S.A.

Supreme Court of Pennsylvania.

January 7, 1964.

Attorney(s) appearing for the Case

Tom P. Monteverde, with him Bernard G. Segal, and Schnader, Harrison, Segal & Lewis, for appellant.

Thomas D. McBride, with him Howard Gittis, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Jack B. Justice, Carl W. Funk, and Drinker, Biddle & Reath, for amicus curiae.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE ROBERTS, January 7, 1964:

On February 28, 1962, Prestressed Structures, Inc. caused an attorney to confess judgment against Bargain City, U.S.A., Inc., on a note for $397,425.91, less a sum paid on account, plus interest and attorney's fees. On May 1, 1962, the Court of Common Pleas No. 3 of Philadelphia County granted a motion to strike the judgment as being void on its face. This appeal followed.<...

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