Zeller v. Wunder
Superior Court of Pennsylvania
Appeal, No. 50, Oct. T., 1907, by defendant, from order of C. P. Berks Co., Dec. T., 1906, No. 57, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Nicholas Zeller, S. G. Duley and Okie Zeller, trading as Rhode Island Mfg. Co., v. W. L. Wunder. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 50, Oct. T., 1907, by defendant, from order of C. P. Berks Co., Dec. T., 1906, No. 57, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Nicholas Zeller, S. G. Duley and Okie Zeller, trading as Rhode Island Mfg. Co., v. W. L. Wunder. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and the affidavits of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit…
1Opinion of the Court
Opinion by
Beaver, J.,
If we assume that the plaintiffs’ statement of claim in this case is sufficient, as we are possibly warranted in doing in view of the fact that the appellant has not demurred or excepted to the sufficiency thereof, we are of opinion that the affidavits of defense, as filed by the defendant, are sufficient to prevent the entry of judgment for want of a sufficient affidavit of defense.
There is a distinct allegation that the goods ordered by the defendant from the plaintiffs amounted to $120 instead of $320, as claimed; that the goods were ordered by sample and that those…
2Cases cited1 opinion
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
3Cited by3 opinions
- APCL & K, Inc. v. Richer Communications, Inc.Superior Court of Pennsylvania · 1976
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- Director General of Railroads v. Pottstown Steel Co., Pennsylvania Court of Common Pleas, Berks County1923