Horwath v. Simon

Opinion by

Linn, J.,

Plaintiffs’ complaint that their motion for judgment for want of a sufficient affidavit of defense was refused, must be sustained. They brought assumpsit on a simple contract in writing to recover $2,000, the consideration named, for services rendered. The affidavit of defense admitted the contract and performance by plaintiffs, but in defense, averred that in accepting plaintiffs’ proposal, defendant “wa's acting as agent for parties known to the plaintiffs ’ ’ and that the agreement with plaintiffs was that defendant should not be liable to pay for the services, but that…