McGowan v. Boney
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1919, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1918, No. 387, for want of a sufficient affidavit of defense in the case of Thomas E. McGowan v. Anna W. Boney. Assumpsit for work done and material furnished. Buie for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states tbe case. Tbe court entered judgment for want of a sufficient affidavit of defense. Defendant appealed.
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Appeal, No. 53, Oct. T., 1919, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1918, No. 387, for want of a sufficient affidavit of defense in the case of Thomas E. McGowan v. Anna W. Boney. Assumpsit for work done and material furnished. Buie for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states tbe case. Tbe court entered judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was tbe action of tbe court in making absolute tbe rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
Tbe court below made absolute a rule for judgment for want of a sufficient affidavit of defense, and tbe defendant brings this appeal alleging as tbe sole error, tbe action of tbe court in making absolute tbe plaintiff’s rule for judgment.
Tbe affidavit is plainly defective. While in a general way it denies tbe contract as set forth in tbe plaintiff’s statement and alleges defective performance of tbe work done, it particularly relies on tbe item as follows: “Amount paid to tbe plaintiff by tbe defendant was 3~3,d§5-” This statement is so ambiguous that it is impossible to interpret…
2Cases cited2 opinions
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Swartz v. Historical Publishing Co.Superior Court of Pennsylvania · 1913
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- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Levine v. Pittsburgh State BankSupreme Court of Pennsylvania · 1924
- Kittleberger & Evans v. Home Builders Co.Superior Court of Pennsylvania · 1932