David v. William Whitmer & Sons, Inc.
Superior Court of Pennsylvania
Appeal, No. 192, Oct. T., 1910, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1910, No. 3,596, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lester W. David, trading as Lester W. David Company, to use of Lester W. David Company v. William Whitmer & Sons, Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 192, Oct. T., 1910, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1910, No. 3,596, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Lester W. David, trading as Lester W. David Company, to use of Lester W. David Company v. William Whitmer & Sons, Inc. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action upon a book account to recover the sum of $682.71, with interest, for lumber sold and delivered by the plaintiffs to the defendant. The defendant filed an affidavit of defense and later a supplemental affidavit, and on motion and argument, the learned court below granted judgment in favor of the plaintiffs because of the insufficiency of the affidavits of defense. There is no denial that the plaintiffs’ declaration showed a good cause of action, nor is it denied that the defendant received the lumber claimed for and at the price stated. The defense to…
2Cases cited9 opinions
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Clark v. MooreMichigan Supreme Court · 1853
- Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
- Eckel v. MurpheySupreme Court of Pennsylvania · 1851
- Cuddy v. MajorMichigan Supreme Court · 1864
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3Cited by5 opinions
- Wood & Brooks Co. v. D. E. Hewit Lumber Co.West Virginia Supreme Court · 1921
- Seward v. Pennsylvania Salt Manufacturing Co.Supreme Court of Pennsylvania · 1920
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- Popkin Bros. v. DunlapSuperior Court of Pennsylvania · 1937
- Kansas Flour Mills Co. v. BrandtSupreme Court of Kansas · 1916