Murphy v. Taylor
Supreme Court of Pennsylvania
Appeal, No. 434, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 165, for want of a sufficient affidavit of defense. Assumpsit for work done and materials furnished. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 434, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 165, for want of a sufficient affidavit of defense. Assumpsit for work done and materials furnished. Rule for judgment for want of a sufficient affidavit of defense. Plaintiff’s sffitement was as follows: The defendant is indebted to the plaintiff in the sum of $116.44, with interest thereon, for work done and materials supplied in making alterations to the house of the defendant at No. 1504 Pine street, as set forth in an itemized statement hereto annexed, marked “ Exhibit A,” and made…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
While it is averred in the statement that “ defendant is indebted to plaintiff in the sum of $116.44 .... for work done and materials supplied in making alterations to” her bouse “ as set forth in an itemized statement thereto annexed, marked ‘ Exhibit A,’ and .... that the said materials were furnished and the work done at her instance and request and upon her promise to pay for the same,” it is nowhere averred that the prices set opposite the respective items of “work done and materials supplied” — among which are, “1 laborer day $2.00,” and “ 100 feet…
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