W. E. Heyser Lumber Co. v. Whiting Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 64, Oct. T., 1915, by defendant, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1911, No. 1911, making absolute rule for judgment for want of a sufficient affidavit of defense in case of The W. E. Heyser Lumber Company v. Whiting Lumber Company. Assumpsit for goods sold and delivered.
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Appeal, No. 64, Oct. T., 1915, by defendant, from order of C. P. No. 1, Philadelphia Co., Dec. T., 1911, No. 1911, making absolute rule for judgment for want of a sufficient affidavit of defense in case of The W. E. Heyser Lumber Company v. Whiting Lumber Company. Assumpsit for goods sold and delivered. The defendant filed an affidavit of defense in which it set up a counterclaim based on an oral agreement alleged to have been made by the plaintiff “through its duly authorized agents,” but without stating the names of the agents. The court made absolute rule for judgment for want of a…
1Opinion of the Court
Opinion by
Henderson, J.,
This case comes up on an appeal from the judgment of *78the court below entered for want of a sufficient affidavit of defense. The plaintiff’s action was brought to recover the price of a quantity of lumber sold and delivered to the defendant. The affidavit of defense admits the correctness of the plaintiff’s claim but sets up a counterclaim by way of set-off arising out of another sale of lumber by the plaintiff to the defendant which the latter alleged was inferior in quality and was only accepted' by it after the defendant .through its duly authorized agents orally…
2Cases cited3 opinions
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- McCracken v. First Reformed Presbyterian CongregationSupreme Court of Pennsylvania · 1886
- Folsom Real Estate Co. v. EsmarkSuperior Court of Pennsylvania · 1909
3Cited by8 opinions
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- Miner-Hillard Milling Co. v. RosatoSuperior Court of Pennsylvania · 1923
- W. A. Case & Sons Mfg. Co. v. CerineSuperior Court of Pennsylvania · 1932
- W. F. Frederick Piano Co. v. LandauSuperior Court of Pennsylvania · 1917
- Elliott-Lewis Elec. Co. v. HausmanSuperior Court of Pennsylvania · 1931
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