Lonker v. Cohen
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1921, by defendant, from order of C. P. Lancaster Co., Feb. T., 1921, No. 72, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Lonker & Stevens v. A. B. Cohen. Assumpsit for goods sold and delivered. Before Landis, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 119, Oct. T., 1921, by defendant, from order of C. P. Lancaster Co., Feb. T., 1921, No. 72, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Lonker & Stevens v. A. B. Cohen. Assumpsit for goods sold and delivered. Before Landis, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the judgment of the court. In executory contracts for…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs’ action is for the balance of the price contracted to be paid for merchandise sold by the plaintiffs to the defendant. The subject of the contract was clothing. The defendant received the goods and retained *75a part thereof; the balance he shipped to the plaintiffs, and refused payment therefor on the allegation that they were not of the quality nor according to the sample on which the sale was based.
The question presented arises on a rule for judgment for want of a sufficient affidavit of defense. When the merchandise was received by the defendant, he had…
2Cases cited2 opinions
- Buffington v. QuantinSupreme Court of Pennsylvania · 1851
- Estes v. KauffmanSuperior Court of Pennsylvania · 1910
3Cited by4 opinions
- Graboyes v. KapnerSuperior Court of Pennsylvania · 1935
- Breen v. BowersSuperior Court of Pennsylvania · 1923
- Iron Trade Products Co. v. C. E. Watson Coal Co., Pennsylvania Court of Common Pleas, Philadelphia County1924
- Wilkey v. Fayette Fuel Co., Pennsylvania Court of Common Pleas, Fayette County1923