FIRST NAT. BANK OF PENNSYLVANIA v. COLE


291 Pa.Super. 391 (1981)

435 A.2d 1283

FIRST NATIONAL BANK OF PENNSYLVANIA, v. Calvin W. COLE, Appellant. FIRST NATIONAL BANK OF PENNSYLVANIA, v. PROFESSIONAL TIRE CORPORATION, Appellant.

Superior Court of Pennsylvania.

Filed October 16, 1981.


Attorney(s) appearing for the Case

Walter A. Dart, Jr., Erie, for Cole, appellant.

R. Perrin Baker, Erie, for Professional Tire Corp., appellant.

Norman H. Stark and Charles D. Marlett, Erie, for appellee.

Before PRICE, CAVANAUGH, and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellants contend that they presented sufficient evidence that appellee had impliedly elected to retain collateral in satisfaction of appellants' obligations to appellee to warrant opening of judgments confessed against them. We disagree and, accordingly, affirm the orders of the lower court.

In July, 1977, appellee, The First National Bank of Pennsylvania, sold a tire recapping business to appellant Professional Tire Corporation (PTC), which...

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