Judgment — Rule to strike off — Warrant of Attorney — Contract — Amount due — Ascertainment — Act of February 24, 1806, 4 Sm. L. 270.
Upon a rule to strike off a judgment which was entered by a prothonotary upon a warrant of attorney contained in a contract to confess judgment for "the above mentioned compensation," it appeared that the claim was for commissions upon the sale of certain real estate. The existence of an indebtedness and the amount earned, for which judgment was entered, were ascertained from certain affidavits filed by the plaintiff. In such case, a decree making absolute the rule to strike off judgment, will be affirmed.
Authority to a Prothonotary to enter judgment upon a bond or other instrument containing a warrant of attorney to confess judgment is derived from section 28 of the Act of February 24, 1806, 4 Sm. L. 270. The statute expressly declares that judgment may only be entered "for the amount, which, from the face of the instrument, may appear to be due." When the amount for which judgment is to be entered cannot be ascertained without resort to evidence outside the writing, the statute does not support the judgment.
Argued October 16, 1929.
PER CURIAM, October 30, 1929:
The judgment is affirmed on the opinion filed by President Judge MARTIN of the court below.