Standard Interlock Elevator Co. v. Wilson
Supreme Court of Pennsylvania
Appeal, No. 402, Jan. T., 1906, by defendant, from order of C. P. No. 4, Phila. Co., Sept. T., • 1906, No. 2,360, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Standard Interlock Elevator Company v. George B. Wilson. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 402, Jan. T., 1906, by defendant, from order of C. P. No. 4, Phila. Co., Sept. T., • 1906, No. 2,360, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Standard Interlock Elevator Company v. George B. Wilson. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows : Defendant admits that he accepted the proposal set forth in plaintiff’s statement of claim, but avers that he did expressly reserve to himself the right to fix the time at which said safety devices might be installed. Defendant…
1Opinion of the Court
Opinion by
Me. Justice Potter,
This is an appeal from a judgment entered for want of a sufficient affidavit of defense. In the statement filed by the plaintiff it is averred that the parties entered into a written agreement which was contained in a letter from, plaintiff to defendant, and in the reply of the defendant. It was proposed by the plaintiff to equip, with safety devices, for the defend*284ant, five elevators, located in the Pennsylvania building, at a total cost of $3,075, payable thirty days from the completion of the work. In the reply defendant accepted the proposal, adding : “ Device…
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