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UNIT VEND. CORP. v. TOBIN ENTER., INC.

194 Pa.Super. 470 (1961)

Unit Vending Corporation, Appellant, v. Tobin Enterprises, Inc.

Superior Court of Pennsylvania.

March 22, 1961.

Attorney(s) appearing for the Case

Melvin L. Fuhrman, with him Fuhrman and Furman, for appellant.

Allen J. Levin, and Folz, Bard, Kamsler, Goodis & Greenfield, for appellee, submitted a brief.

Jerome A. O'Neill, for appellees.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

OPINION BY ERVIN, J., March 22, 1961:

These three appeals were taken from the action of the court below in opening two amicably confessed judgments "so that evidence may be offered to ascertain the actual damages suffered by the plaintiff." As to both judgments the court below said: "Thus the plaintiff may be unjustly enriched by assessing damages in accordance with the formula contained in the agreement. We believe...

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