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EDWARD BERSHAD CO. v. BABE'S BAR, INC.

254 Pa.Super. 477 (1978)

386 A.2d 50

EDWARD BERSHAD CO., t/a Penn Vending Company v. BABE'S BAR, INC., Appellant.

Superior Court of Pennsylvania.

Decided April 28, 1978.

Attorney(s) appearing for the Case

Jay Meyers, Philadelphia, Leonard A. Green, Glenside, for appellant.

Theodore A. Schwartz, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in refusing to either strike or open a confessed judgment. Because we find that the lower court erred in refusing to strike the judgment,1 we reverse.

The pleadings and affidavits establish the following facts: On July 22, 1976, appellant, Babe's Bar, Inc., entered into a written contract with appellee, Edward Bershad Co., in which appellant agreed to lease a cigarette...

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