Barclay v. Edlis Barber Supply Co.
Superior Court of Pennsylvania
Appeal, No. 133, April T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1908, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph H. Barclay, Receiver of W. H. Hamilton Company, v. Edlis Barber Supply Company. Appeal from judgment of .justice of the peace. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 133, April T., 1909, by plaintiff, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1908, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph H. Barclay, Receiver of W. H. Hamilton Company, v. Edlis Barber Supply Company. Appeal from judgment of .justice of the peace. 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
Orlady, J.,
The plaintiff brought suit in assumpsit to recover for goods sold and delivered to the defendant of the value of $55.66. The defendant admits having purchased the goods mentioned in the plaintiff's statement, but offers in defense a set-off in the sum of $60:00 under the following conditions. Prior to the appointment of this receiver, the defendant entered into a contract with the W. H. Hamilton Company whereby it was to furnish certain bottles, as might be required by the defendant;- In order *484to facilitate the manufacture of the bottles the defendant furnished to the…
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