Encyclopaedia Britannica, Inc. v. Cowan

Baldrige, J.,

Opinion by

The plaintiff brought an action of assumpsit to recover the balance alleged to be due from defendant on the purchase price of a set of books. A prima facie case was made out by the plaintiff offering certain paragraphs of the statement of claim, which were admitted by the affidavit of defense. It was thus proven that on October 20, 1937, the defendant agreed in writing to buy from plaintiff a set of 24 volumes of Encyclopaedia Britannica in a blue cloth binding, for the sum of $126 with a down payment of $6 and the balance payable in monthly installments of $5 each. The…