Messenger Publishing Co. v. Walkinshaw

Opinion by

Drew, J.,

The learned court below entered judgment for the plaintiff for want of a sufficient affidavit of defense, and defendant appealed.

The action is assumpsit for the cost of printing a paper book used on appeal in the case of Smith v. Smith, 294 Pa. 347. The statement of claim alleges that plaintiff published for defendant the paper book in said case; that the contract for same was made between plaintiff and defendant; that plaintiff received from defendant a letter signed by defendant accepting the terms of the bid, and enclosing the contract for the same; and that defendant…