Verona Tool Works v. Allegheny Forging Co.

Patterson, J.,

This is an application for a non pros, made hy plaintiff and unique in that respect. A recital of the pleadings is necessary. Plaintiff filed its praecipe and statement on April 6, 1922, claiming a balance of $5,232.26 due for certain steel forgings furnished the defendant under a contract dated September 16, 1919, the steel therefor being furnished by defendant. In its affidavit of defense, defendant admits the contract and avers it shipped to plaintiff steel for said forgings until notified by plaintiff not to ship any more, and avers further that the forgings were not…