Cerkovnik Bros. v. East Windber Coal Co.
Superior Court of Pennsylvania
Appeal, No. 121, April T., 1920, by plaintiffs, from judgment of C. P. Somerset County, Sept. T., 1919, No. 238, in favor of defendant in the case of D. A. Cerkovnik and George Cerkovnik, Trading as Cerkovnik Brothers, v. East Windber Coal Company. Assumpsit for services rendered. Before Bailey, P. J., twentieth judicial district, specially presiding. The opinion of the Superior Court states the case. The court entered judgment in favor of the defendant. Plaintiffs appealed.
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Appeal, No. 121, April T., 1920, by plaintiffs, from judgment of C. P. Somerset County, Sept. T., 1919, No. 238, in favor of defendant in the case of D. A. Cerkovnik and George Cerkovnik, Trading as Cerkovnik Brothers, v. East Windber Coal Company. Assumpsit for services rendered. Before Bailey, P. J., twentieth judicial district, specially presiding. The opinion of the Superior Court states the case. The court entered judgment in favor of the defendant. Plaintiffs appealed. Error assigned, among others, was the decree of the court refusing to strike off judgment in favor of the defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs brought an action of assumpsit against the defendant for hauling coal and other services. The account contained many items and amounted, after the allowance of certain credits, to $768.80. The affidavit of defense denied the accuracy of the account in several respects, but admitted a balance due the plaintiffs of $365.81. In the tenth paragraph of the affidavit, after averring there was a balance due the plaintiffs of that amount, a judgment was tendered to the plaintiffs for the same with interest from date of suit: “In full settlement of all claims for…
2Cited by2 opinions
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