Weiskopf v. Cahan

Smith, J.,

The defendant, by petition, has asked the court to open a judgment entered by it and permit the defendant to file a supplemental affidavit of defence. A statement of claim was filed on Jan. 25, 1925, based upon an action in assumpsit growing out of a written agreement between the defendant and the plaintiff, Samuel C. Weiskopf, and John W. Pickworth, acting in the capacity of engineers for a new building that the defendant was contemplating constructing. To this statement of claim the defendant filed an affidavit of defence on Feb. 20, 1925. A rule being taken for judgment for want…