Harrison v. Atlee
Superior Court of Pennsylvania
Appeal, No. 16, Oct. T., 1908, by defendants, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 1,298, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles C. Harrison, Jr.', to the use of Charles C. Harrison, Jr., Harry W. Harrison and Stephen Fuguet, copartners, trading as Charles C. Harrison, Jr., & Company, v. George B. Atlee and Wilson Woelpper, copartners, trading as George B. Atlee & Co.. Assumpsit on a contract.
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Appeal, No. 16, Oct. T., 1908, by defendants, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 1,298, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles C. Harrison, Jr.', to the use of Charles C. Harrison, Jr., Harry W. Harrison and Stephen Fuguet, copartners, trading as Charles C. Harrison, Jr., & Company, v. George B. Atlee and Wilson Woelpper, copartners, trading as George B. Atlee & Co.. Assumpsit on a contract. From the record it appeared that.plaintiff sold to defendant certain bonds as shown by the following letter:…
1Opinion of the Court
Opinion by
Hendebson, J.,
The defendants plant their defense on an inference which they draw from their contract with the plaintiff. They undertake to distinguish this contract from others relating to the payment of the price of chattels where no time is fixed for such payment because of the provision in the agreement that the plaintiff would “carry the above bonds” at the rate of six per cent interest. The effect of this is said to be to create a liability on the part of the vendor to carry the loan indefinitely at the option of the defendants. It would appear from the terms of the agreement…
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