Legal Opinion

Kline Chair Co. v. Guaglianome

Superior Court of Pennsylvania

Decided December 18, 1916No. Appeal, No. 177PublishedCited by 1 opinion

Appeal, No. 177, Oct. T., 1916, by defendant, from order of O. P. Bucks Co., April T., 1915, No. 16, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Kline Chair Company, to use of Franz Hill, v. Peatro Guaglianome. Assumpsit for rental. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.

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Appeal, No. 177, Oct. T., 1916, by defendant, from order of O. P. Bucks Co., April T., 1915, No. 16, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Kline Chair Company, to use of Franz Hill, v. Peatro Guaglianome. Assumpsit for rental. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Williams, J.,

This is an appeal from the judgment of the court below, entered for want of a sufficient affidavit of defense.

The amended statement of claim averred the leasing of certain personal property to the defendant, and plaintiff’s claim was for $196, balance of rent due in accordance with the terms of the lease.

The defendant, in his affidavit, admits the execution of the lease; the receipt of the goods under it; that he had paid a portion of the rental, and says that since the plaintiff had not insisted upon the performance of the conditions of the lease and since the goods…

2Cases cited3 opinions

  1. Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
  2. Class v. Kingsley, Pennsylvania Court of Common Pleas, Philadelphia County1891
  3. Ryon v. StarrSupreme Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Kempe v. NunnSuperior Court of Pennsylvania · 1922

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