Holland v. Sunbury Iron Works
Superior Court of Pennsylvania
Appeal, No. 25, Oct. T., 1898, by plaintiff, from judgment of C. P. Northumberland Co., May T., 1896, No. 275, refusing judgment for want of a sufficient affidavit of defense. Assumpsit. Before Savedg-e, P. J. It appears from the record that the plaintiff sold through a broker in Philadelphia 150 tons of steel slabs to defendants, the terms being, “ cash on receipt of each car as it arrives.”
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Appeal, No. 25, Oct. T., 1898, by plaintiff, from judgment of C. P. Northumberland Co., May T., 1896, No. 275, refusing judgment for want of a sufficient affidavit of defense. Assumpsit. Before Savedg-e, P. J. It appears from the record that the plaintiff sold through a broker in Philadelphia 150 tons of steel slabs to defendants, the terms being, “ cash on receipt of each car as it arrives.” Two carloads were delivered by the plaintiff and the shipments were made by the plaintiff subject to sight draft and bill of lading and the amounts thereof were duly paid by defendants. Defendants…
1Opinion of the Court
Opinion by
William W. Porter, J.,
This action is founded upon an alleged breach of contract for the sale of certain steel nail slabs. It is, in form, assumpsit. Under the act of 1887, the plaintiff was, therefore, entitled to an affidavit of defense hi reply to his statement of claim: Barr v. McGary, 131 Pa. 401; Market Co. v. Brooks, 163 Pa. 40.
This appeal is taken from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense. The Supreme Court have repeatedly said, that an appeal in such a case is intended to reach only clear cases of error in law, and…
2Cases cited5 opinions
- Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
- Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894
- Barr v. McGarySupreme Court of Pennsylvania · 1890
- Radcliffe v. HerbstSupreme Court of Pennsylvania · 1890
- Mantua Hall & Market Co. v. BrooksSupreme Court of Pennsylvania · 1894
3Cited by4 opinions
- Arnold v. StonerSuperior Court of Pennsylvania · 1901
- Leavitte v. Drive-It-Yourself Co.Superior Court of Pennsylvania · 1925
- O'Malley v. Pennacchioli, Pennsylvania Court of Common Pleas, Lackawanna County1926
- Root v. Hershey, Pennsylvania Court of Common Pleas, Lancaster County1925