Rutz v. Hoffower

Hipple, P. J.,

In this action of assumpsit, plaintiff claims to recover from defendant the sum of $456.76, with interest from March 1,1938. The action was commenced by a summons issued April 25,1939, on which date plaintiff filed a statement of claim. The parties agreed upon the facts in the nature of a case stated and defendant was not required to file an affidavit of defense: The facts agreed upon are that plaintiff, a resident of Cameron County, at the special instance and request of defendant, a resident of Emporium Borough, Cameron County, doing business as Emporium Sanitary Dairy, sold…