Club Laundry & Cleaning Co. v. Murphy
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. T., 1919, by defendant, from order of O. P. Allegheny Co., Jan. T., 1919, No. 524, malting absolute rule for judgment for want of a sufficient affidavit of defense in case of Club Laundry & Cleaning Co. v. Thomas W. Murphy. Assumpsit for $4,000. Before Carpenter, J. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 89, Oct. T., 1919, by defendant, from order of O. P. Allegheny Co., Jan. T., 1919, No. 524, malting absolute rule for judgment for want of a sufficient affidavit of defense in case of Club Laundry & Cleaning Co. v. Thomas W. Murphy. Assumpsit for $4,000. Before Carpenter, J. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. The facts appear by the opinion of the Supreme Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The action, in so far as it relates to the judgment directed, is based upon the rescission and repudiation by a vendor of his contract of sale and it seeks to recover the moneys paid on account of that contract. The statement avers that defendant sold to plaintiff “Certain real estate consisting of three buildings [, one] 19 x 100 owned by Thomas Murphy of Club Pressing Company, [the others] 22 x 100 and 41 x 100 owned by Club Pressing Company, also all the certain good will…
2Cited by4 opinions
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