J. B. Colt Co. v. Dombrowesky

Opinion by

Cunningham, J.,

The J. B. Colt Company, manufacturer of carbide lighting systems, appeals from an order of the court below discharging its rule for judgment for want of a Sufficient affidavit of defense to its action of assumpsit against Stiney Dombrowesky to recover $363.25 as the contract price of a generator and equipment purchased by him. Appellant declared upon a contract in writing in the form of an order signed by appellee and accepted by it (an alleged copy thereof being attached to the statement) and averred delivery through a common carrier. The defense pleaded was that…