Westinghouse Air Brake Co. v. Harris
Supreme Court of Pennsylvania
Appeal, No. 47, Jan. T., 1912, by defendant from order of C. P. Fayette Co., Dec. T., 1910, 375, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Westinghouse Air Brake Co. v. Walter C. Harris, receiver of Dunbar Furnace Co. Buie for judgment for want of sufficient affidavit of defense. Before Umbel, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 47, Jan. T., 1912, by defendant from order of C. P. Fayette Co., Dec. T., 1910, 375, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Westinghouse Air Brake Co. v. Walter C. Harris, receiver of Dunbar Furnace Co. Buie for judgment for want of sufficient affidavit of defense. Before Umbel, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment for plaintiff for want of affidavit of defense. — Goods sold must be ascertained, designated and separated from the stock quantity with which they are mixed…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is an appeal from an order making absolute a rule for judgment for want of a sufficient affidavit of *206defense. It is an action of replevin, the property replevied being. 5,200 tons of pig iron. The air brake company purchased this pig iron and paid $74,050 in cash for it. It was stored on a lot of ground owned by the furnace company, but leased to and in the possession of the Wister Company. The Wister Company was the selling agent of the furnace company and from time to time advanced moneys to that company as working capital, taking title to the pig iron as a…
2Cases cited2 opinions
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