O'Hara v. Parrish

Opinion bv

Linn, J.,

Plaintiff sued her stock brokers to recover a loss alleged to have resulted from their failure to execute her instructions to sell certain shares of stock. They filed an affidavit of defense denying her averments of liability and counterclaimed for a balance alleged to be due them. To that counterclaim, plaintiff filed a reply. Defendants then moved for judgment for the amount of their counterclaim for want of a sufficient reply, pursuant to section 17 of the Practice Act, 1915 P. L. 483, providing “When the defendant sets up a set-off or counterclaim, he may move for…