Bennett v. Perlstein Co., Inc.

Opinion by

Rhodes, J.,

The question involved in this appeal is the sufficiency of the affidavit of defense to prevent the entry of a summary judgment on the pleadings. The plaintiffs instituted an action in assumpsit based on a book account for dresses sold to the defendant. The defendant filed an affidavit of defense. On plaintiffs’ rule for judgment for want of a sufficient affidavit of defense, the court below made the rule absolute. Judgment was entered, and defendant appealed.

Plaintiffs were engaged in the manufacture of dresses. Appellant was a wholesaler. Appellant admitted that it…