Sall v. Mueller Brass Co.

Opinion by

Mr. Justice Allen M. Stearne,

The question presented is whether or not, in a proceeding of foreign attachment in assumpsit, the averments in plaintiffs’ complaint come within the provisions of Section 4 of the Pennsylvania Sales Act of May 19, 1915, P. L. 543; 69 PS, 42 which provides as follows: “A contract to sell or a sale of any goods . . . shall not be enforceable by action unless . . . some note or memorandum in writing of the contract or sale be signed by the party to be charged. . '. .” The court below sustained preliminary objections to the complaint in the nature of a…