Lee L. Co., Inc. v. Russell Sales Co.

Opinion by

Linn, J.,

This appeal is from judgment for want of a sufficient affidavit of defense. Such judgment should be entered only in clear cases: P. R. R. v. Coles, 87 Pa. Superior Ct. 432, 436; in this one, plaintiff’s right to judgment is not clear.

The statement avers that plaintiff by written order (a copy will be found in the reporter’s statement of the case), agreed to pay a certain rate for an advertisement 37 x 44 inches to be placed by plaintiff on a certain theatre curtain; that plaintiff had performed and that defendant refused to pay.

Defendant avers that the writing attached to…