Brannen v. G.-S. B. L. Assn.

Argued January 11, 1933. Plaintiff appeals from the refusal of the court below to enter judgment for want of a sufficient supplemental affidavit of defense. The action was in assumpsit to recover damages for the breach of an alleged oral contract. The amended statement of claim set out that plaintiff was the owner of five first mortgages of $3,500 each, secured upon premises on North 55th Street in the City of Philadelphia, and defendant the owner of second mortgages on the same properties. Paragraph three of the statement alleges that on November 22, 1929, the due date of his mortgages,…