Smith v. Stevenson
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. County, Jan. T., 1898, No. 277, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit for plastering and furnishing the material for fifty-two houses.
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Appeal, No. 277, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. County, Jan. T., 1898, No. 277, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit for plastering and furnishing the material for fifty-two houses. Defendants filed the following affidavit of defense: It is true that plaintiff submitted to defendants the bid of October 1, 1896, set out in his statement of claim, in which he agreed to do the plastering and furnish the materials for fifty-two two-story houses situate at Thirty-second and three quarter and Cumberland streets. Said…
1Opinion of the Court
Opinion by
Mr. Justice Green,
Against the plaintiff’s claim the affidavit of defense alleges an agreement by the plaintiff with the defendants to take as part payment a certain house and lot described in the affidavit. The affidavit further alleges the preparation and tender of a deed for the premises in part payment of the plaintiff’s claim. There is no averment as to the character of the agreement, whether in writing or verbal, but it is specifically alleged that *51the plaintiff positively agreed to accept the property in part payment. We cannot know whether the agreement was in writing or in…
2Cited by1 opinion
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