McClurg v. Futer
Superior Court of Pennsylvania
Appeal, No. 237, Oct. T., 1911, by defendant, from order of C. P. Lancaster Co., March Term, 1911, No. 18, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara E. McClurg v. J. E. Futer. Assumpsit for breach of a written .agreement to purchase real estate. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 237, Oct. T., 1911, by defendant, from order of C. P. Lancaster Co., March Term, 1911, No. 18, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara E. McClurg v. J. E. Futer. Assumpsit for breach of a written .agreement to purchase real estate. Rule for judgment for want of a sufficient affidavit of defense. Landis, P. J., filed the following opinion: On October 7, 1910, an agreement was entered into between Clara E. McClurg and Frank R. McClurg, her husband, and J. E. Futer, the defendant, whereby the parties first named agreed to sell…
1Opinion of the Court
Opinion by
Rice, P. J.,
In this action of assumpsit the plaintiff declared on a written agreement for the sale of real estate. Her statement of claim set forth quite fully the substance of the agreement and recited that a copy of it was attached, but, through inadvertence, apparently, the copy was not *490attached. The defendant filed an affidavit of defense, in which, after setting forth fully his defense on the merits, he suggested that the plaintiff’s statement was not self-supporting and was defective, in that a copy of the agreement was not attached. Afterward, by leave of court, the plaintiff…
2Cases cited4 opinions
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Acme Manufacturing Co. v. ReedSupreme Court of Pennsylvania · 1897
- Wetherill v. StillmanSupreme Court of Pennsylvania · 1870
- Jones v. GordonSupreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Moore v. SchmidtSuperior Court of Pennsylvania · 1915
- Vincent v. JenkinsSuperior Court of Pennsylvania · 1915
- Wolfson v. Gicas, Pennsylvania Court of Common Pleas, Schuylkill County1953