TaiLexi AI U.S. Case Law

Burdiss v. Haas

Michael J. BURDISS and Patricia E. Burdiss, his wife, Assignees v. Arthur F. HAAS and Betty J. Haas, his wife

Burdiss v. Haas, 418 A.2d 699 (Pa. Super. Ct. 1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
February 22, 1980
Docket
No. 2498
Judges
Hoffman, Price, Watkins
Citations
418 A.2d 699275 Pa. Super. 2351980 Pa. Super. LEXIS 2095

Opinion of the Court — Price

Text extracted by OCR from a scanned original; check the original for exact wording.

PRICE, Judge:

In August of 1960, Mr. and Mrs. Clair T. Lerch entered into an Agreement of Sale with appellants for the property *236 involved in this appeal. On March 13, 1978, the Lerchs assigned their rights under that agreement to the appellees. On March 15, 1978, the appellees entered judgment by confession in ejectment against the appellants for possession of the premises.

On April 24,1978, appellants filed a petition to strike or to open the judgment, upon which a rule to show cause was issued and the proceedings stayed. The parties entered into a stipulated statement of facts, and after due consideration, the Court of Common Pleas of Lehigh County found appellants’ petition to be without merit and by order dated September 21, 1978, dismissed the petition.

.By an excellent opinion dated February 28, 1979, the Court of Common Pleas of Lehigh County (Honorable David E. Mellenberg) confessed error in refusing to grant appellants’ petition to open and agreed upon remand to open the judgment and proceed to disposition by summary judgment based upon the stipulated facts.

We agree and affirm that portion of the order of September 21,1978, denying the petition to strike, but reverse that portion denying the petition to open and remand to the Court of Common Pleas of Lehigh County for opening of the judgment and further proceedings.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1983: 12024: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. Commonwealth v. Kane461 A.2d 1246 (Pa. 1983)
  2. Commonwealth v. Berkhous, J.No. 1042 WDA 2023 (Pa. Super. Ct. July 30, 2024)

Most recent

  1. Commonwealth v. Berkhous, J.No. 1042 WDA 2023 (Pa. Super. Ct. July 30, 2024)
  2. Commonwealth v. Kane461 A.2d 1246 (Pa. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list