Lapat Co. v. Northern Metal Co.

Opinion by

Trexler, J.,

Judgment was entered in favor of the plaintiff against the defendant for want of a sufficient affidavit of defense. The pleadings disclose that in August, 1922, defendants by contract in writing bought two lots of metal which were to be shipped f. o. b. cars, Dover, N. J., “sight draft against bill of lading.” Defendants directed the plaintiff to ship the metal to one, Dougherty, in Philadelphia, to whom they had sold it. Shipment was accordingly made and Dougherty refused to accept or pay for it and the metal was placed in storage by carrier as defendant’s property and…