W. C. Downey & Co. v. Kraemer Hosiery Co.

Opinion by

Baldrige, J.,

Plaintiff brought this suit in assumpsit to recover $825.12, with interest, for 300 bundles of wire ties consigned to the defendant, 50 of which were shipped on July 24, 1934, and the remainder on August 2, 1934. An affidavit of defense was filed denying liability, on the ground that the orders were not authorized nor the goods received by the defendant. The parties, by agreement in writing, dispensed with a trial by jury, as provided by the Act of April 22, 1874, P. L. 109 (12 PS §689). Plaintiff obtained a judgment, from which this appeal was taken.

It seems necessary,…