Bankerd & Outerson Co. v. Historical Publishing Co.
Superior Court of Pennsylvania
Appeal, No. 177, Oct. T., 1912, by defendant, from order of C. P. No. 2, Phila. Co., March T., 1912, No. 4,289, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Bankerd & Outerson Company v. Historical Publishing Company. Assumpsit for goods sold and delivered. The opinion of the Superior Court states the case. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
This action was brought to recover for book paper to be used in printing a second edition of “Practical Treatise on Automobiles.” A sample of paper was submitted with the order when it was given, and upon delivery to the defendant company it was accepted and *61used for the purpose intended without objection or complaint as to size, weight or quality.
The defense set up in the affidavit was that the paper furnished was different from the sample which accompanied the order, so that additional thickness was added to the book; the cost of binding and amount of leather increased,…
2Cases cited1 opinion
- Biernbaum v. FosterSuperior Court of Pennsylvania · 1912