157 A. 632 | Pa. Super. Ct. | 1931
Argued October 27, 1931. This is an appeal from an order of the court of common pleas of Allegheny County, refusing to open a judgment. *426
On April 6, 1929, H. Silberman, doing business as the Used Car Sales Service Company, leased a Packard automobile to the appellants, which lease was assigned to the Automobile Finance Company. Lessees, on May 6, 1929, defaulted in the payment of their monthly rental installment, and on May 27, 1929, the plaintiff caused a writ of replevin to be issued. The sheriff took possession of the car but, upon a counter-bond being filed, delivered the car to Harry L. Ratner, one of the appellants.
A trial was had in the absence of the defendants and a verdict rendered for the plaintiff and judgment entered on the verdict. The appellants contend that there was an oral agreement of counsel, stipulating that the case would not be tried without plaintiff's counsel notifying Harry L. Ratner, Esq., a member of the Allegheny County bar, who is the defendant and counsel, of the date of the trial. This agreement cannot be recognized as enforceable. Under a rule of the common pleas court of Allegheny County, the agreements of counsel must be in writing; otherwise, they shall be considered of no validity. It would, indeed, be a very unwise and troublesome precedent for the court to determine disputed verbal understandings of this character and it would be contrary to the views we have heretofore expressed in Emademe v. Weadick,
There is no merit to the contention that the Automobile Finance Company, and not the appellee, was the proper plaintiff. Silberman had title to the car when suit was brought, as there was a reassignment of the lease from the Automobile Finance Company. The fourth paragraph of plaintiff's reply to the affidavit of defense avers that the plaintiff was compelled to repurchase the lease upon the appellants' default; furthermore, the finance company has filed a disclaimer.
We find no such meritorious circumstances present which call for equitable relief. Judgment affirmed.