W. K. Wetherill & Co. v. Scheffel

Opinion by

Rhodes, J.,

This is an action in assumpsit on a written contract. The pleadings consisted of a statement of claim, an affidavit of defense and new matter, together with a rule for judgment. The rule for judgment was discharged. The case was tried before Jones, J., without a jury. The court found for the defendant. A motion for new trial was filed by plaintiff and dismissed. Judgment for the defendant was entered on the finding. Plaintiff has appealed.

Plaintiff’s statement of claim set forth an agreement in writing between the parties. The agreement on its face and by its terms was…