Stradley v. Bath Portland Cement Co.
Supreme Court of Pennsylvania
Appeal, No. 408, Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 3,432, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin F. Stradley v. Bath Portland Cement Company. Assumpsit to recover monthly installments of salary. Before Sulzberger, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 408, Jan. T., 1909, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 3,432, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin F. Stradley v. Bath Portland Cement Company. Assumpsit to recover monthly installments of salary. Before Sulzberger, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The court below entered judgment for want of a sufficient affidavit of defense.
The plaintiff first sued the defendant on April 19, 1909. The statement was filed April 28, 1909, and claimed $416.66, for one month’s salary from October 28 to November 28, 1908, averring: “On or about the 28th day of October, 1907, in pursuance of a verbal agreement with the board of directors of the defendant company, the plaintiff was elected vice president of the said company at a salary of $5,000 a year; which said salary was to be paid in monthly installments; and as such…
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