Bill Posting Sign Co. v. Jermon
Superior Court of Pennsylvania
Appeal, No. 43, Oct. T., 1904, by defendant, from order of C. P. No. 1, Sept. T., 1903, No. 2742, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Bill- Posting Sign Company v. John Gr. Jermon. Assumpsit for work done and materials furnished. The averménts of the statement of claifn and affidavit of defense appear by the opinion of the Superior Court.
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Appeal, No. 43, Oct. T., 1904, by defendant, from order of C. P. No. 1, Sept. T., 1903, No. 2742, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Bill- Posting Sign Company v. John Gr. Jermon. Assumpsit for work done and materials furnished. The averménts of the statement of claifn and affidavit of defense appear by the opinion of the Superior Court. The copy of book entries referred to in the statement is as follows: “ EXHIBIT ‘A.; “ John G. Jermon, “ Lyceum Theatre. “ To the Bill Posting Sign Company Dr. 1899. Oct. 4, 10 — 7 X 4 280 10 — 6x4 240…
1Opinion of the Court
Opinion by
Smith, J.,
In both a declaration and an affidavit of defense, facts must be stated which, if proved as set forth, are sufficient to sustain *173the action in the one case, or the defense in the other. This is too well settled to require any reference to authorities.
If the determination of the case in hand depended on the sufficiency of the affidavit, the defense could not be sustained.. Its allegation that the plaintiff agreed to “ post certain bills,” advertising the defendant’s shows, “ prior to the production of any particular show,” and subsequent to its commencement, fails to set…
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