170 A. 260

Aarons v. Public Service Building Loan Association et al., Appellants.

Supreme Court of Pennsylvania.January 4, 1934.
January 30, 1934.

Bennett v. Rittenhouse Short-Term Bldg. Loan Assn., 313 Pa. 391, followed.

Argued January 4, 1934.

Before FRAZER, C. J., KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.

Appeal, No. 378, Jan. T., 1933, by defendants, from order of C. P. No. 1, Philadelphia Co., June T., 1932, No. 12589, discharging rule to open judgment, in case of Angelo Aarons v. The Public Service Building Loan Association et al. Order affirmed.

Rule to open judgment. Before KUN, J.

Order discharging rule. Defendants appealed.

Error assigned was discharge of rule, quoting record.

William C. Hayes, with him William A. Hayes, for appellant.

Emil F. Goldhaber, of Aarons, Weinstein, Stone Goldhaber, for appellee.

PER CURIAM, January 30, 1934:

This appeal involves the same questions as were lately before us in Bennett v. Rittenhouse Short-Term Bldg. Loan Assn., 313 Pa. 391, where, on the same state of facts, judgment for plaintiff was affirmed on the opinion of the court below. That case controls here.

The order discharging the rule to open judgment is affirmed.

Page 27