Chambers v. Philadelphia Pickling Co.

The opinion of the court was delivered by

Pitney, Chancellor.

This is an action upon contract. The record shows that the defendant’s demurrer, which the *389Supreme Court decided in favor of the plaintiff, was addressed solely to the first count of the plaintiff’s declaration. The declaration contains also a second count, in form the usual combination of the common money counts in assumpsit, and to this count the defendant filed a plea which, so far as appears (and as we presume, in view of Pamph. L. 1903, p. 572, § 129), remains undisposed of.

The plaintiff in error (defendant below) seeks to…