Austin, Gorham, McIlvaine & Co. v. Lincoln Chocolate & Confectionery Co.
Superior Court of Pennsylvania
Appeal, No. 286, Oct. T., 1921, by plaintiff, from judgment of Municipal Court, Phila. Co., Aug. T., 1921, No. 537, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Austin, Gorbam, Mcllvaine & Co., Inc., v. The Lincoln Chocolate & Confectionery Co., Inc. Assumpsit to recover on contract to install heating apparatus. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 286, Oct. T., 1921, by plaintiff, from judgment of Municipal Court, Phila. Co., Aug. T., 1921, No. 537, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Austin, Gorbam, Mcllvaine & Co., Inc., v. The Lincoln Chocolate & Confectionery Co., Inc. Assumpsit to recover on contract to install heating apparatus. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. The court discharged the rule. Plaintiff appealed. Error assigned was discharging the plaintiff’s rule. The contract was…
1Opinion of the Court
Opinion by
Henderson, J.,
The court refused to give judgment for the plaintiff for want of a sufficient affidavit of defense, and from that action we have the pending appeal. The case grows out of a contract entered into by the parties for the installing of a heating apparatus in a room occupied by the defendant in the manufacture of confections. A part of the contract is in the following form: “It is understood that this room is to be 25 ft. long, 14 ft. wide, 9 ft. 5" high, made as tight as possible, with one door entrance and 4 windows. Rooms to be heated to 220 degrees.” The contract also…
2Cited by1 opinion
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