Mutual Union Brewing Co. v. Dithrich
Superior Court of Pennsylvania
Appeal, No. 4, April T., 1913, by defendant, from order of C. P. Allegheny Co., Fourth Term, 1911, No. 26, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mutual Union Brewing Company v. W. J. Dithrich. Assumpsit to recover $507.99 for beer sold and delivered. Before Shaper, J. The material averments of the affidavit of defense are set forth in the opinion of the Superior Court.
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Appeal, No. 4, April T., 1913, by defendant, from order of C. P. Allegheny Co., Fourth Term, 1911, No. 26, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mutual Union Brewing Company v. W. J. Dithrich. Assumpsit to recover $507.99 for beer sold and delivered. Before Shaper, J. The material averments of the affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of assumpsit, brought to recover the balance alleged to be due upon an account for beer sold and delivered by the plaintiff to the defendant. The court below made absolute a rule for judgment for want of a sufficient affidavit of defense and the defendant appeals from that order. The plaintiff is a brewing company and the defendant a wholesale liquor dealer. The statement and affidavit of defense disclosed that the plaintiff had been selling beer to the defendant for about a year, from May 1, 1910, to May 1, 1911, and all of the beer had been paid for…
2Cases cited1 opinion
- Mathers v. VernaSuperior Court of Pennsylvania · 1911