Wooden v. Reese
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1920, by defendants, from judgment of O. P. Lycoming County, June T., 1918, No. 189, making absolute rule for judgment for want of a sufficient affidavit of defense in tbe case of Frederick G. Wooden, Trustee in Bankruptcy of tbe George Webster Lumber Company, v. B. S. • Beese and E. B. Sheriff, copartners, trading under tbe firm name of Reese-Sberiff Lumber Company. Assumpsit to recover purchase price of lumber not delivered.
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Appeal, No. 142, Oct. T., 1920, by defendants, from judgment of O. P. Lycoming County, June T., 1918, No. 189, making absolute rule for judgment for want of a sufficient affidavit of defense in tbe case of Frederick G. Wooden, Trustee in Bankruptcy of tbe George Webster Lumber Company, v. B. S. • Beese and E. B. Sheriff, copartners, trading under tbe firm name of Reese-Sberiff Lumber Company. Assumpsit to recover purchase price of lumber not delivered. Before Whitehead, P. J. Rule for judgment for want of a sufficient affidavit of defense. Tbe facts are stated in tbe opinion of tbe Superior…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brings this action to recover the money which came into the hands of the defendants in the following circumstancés. The George Webster Lumber Co., in January, 1915, sent to the defendants an order for a carload of maple lumber, enclosing a check for $400, designating it “as advance payment on car.” “With the understanding that you return us check promptly to cover the difference, if any, between the net amount of your invoice and this check for $400.” The defendants *164replied to this letter, saying: “We acknowledge receipt of your check for $400 on account of…
2Cases cited3 opinions
- Libby v. HopkinsSupreme Court of the United States · 1881
- Cavanaugh v. BuehlerSupreme Court of Pennsylvania · 1888
- Utah Ass'n of Credit Men v. Boyle Furniture Co.Utah Supreme Court · 1911
3Cited by3 opinions
- In re Empire Flooring Co.District Court, W.D. Pennsylvania · 1930
- Schwartz's AppealSupreme Court of Pennsylvania · 1927
- Diehl v. Fidelity-Philadelphia Trust Co.Superior Court of Pennsylvania · 1949