Berko v. Kemper Construction Co.
Superior Court of Pennsylvania
Appeal, No. 316, Oct. T., 1916, by defendant, from order of O. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 3481, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Adam Berko and Stephen Berko-, trading as Berko Bros., v. Kemper Construction Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 316, Oct. T., 1916, by defendant, from order of O. P. No. 2, Philadelphia Co., Dec. T., 1915, No. 3481, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Adam Berko and Stephen Berko-, trading as Berko Bros., v. Kemper Construction Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Williams, J.,
This is an. appeal from a judgment for part of plaintiffs’ claim as to which the court below held the appellant’s affidavit of defense insufficient.
Plaintiffs claimed a balance due of $679.30 for certain structural iron work sold and delivered-to the defendant at the times set forth as per written orders annexed to the statement.
Defendant’s affidavits of defense averred that plaintiffs had not set out a clause in the contract providing as follows : “All material must be the best and the workmanship first class. Material furnished by you for erection or. assembling by us…
2Cases cited7 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Bethlehem Steel Co. v. ToplissSupreme Court of Pennsylvania · 1915
- Biernbaum v. FosterSuperior Court of Pennsylvania · 1912
- Swartz v. Historical Publishing Co.Superior Court of Pennsylvania · 1913
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3Cited by5 opinions
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Gehret v. Mitten Bank Securities Corp.Superior Court of Pennsylvania · 1935
- Groff v. Mellinger, Pennsylvania Court of Common Pleas, Lancaster County1927
- Manufacturers' Supplies Co. v. Moyer, Pennsylvania Court of Common Pleas, Northumberland County1921
- McNeal v. Beale, Pennsylvania Court of Common Pleas, Union County1923