Donner, Childs & Woods v. Sackett
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1915, No. 222, for plaintiff for want of a sufficient affidavit of defense, in case of Percy E. Donner, Clinton L. Childs and Charles W. Woods, Co-Partners as Donner, Childs & Woods, v. Hugh R. Sackett. Assumpsit for money paid to defendant under a mistake of fact. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 105, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1915, No. 222, for plaintiff for want of a sufficient affidavit of defense, in case of Percy E. Donner, Clinton L. Childs and Charles W. Woods, Co-Partners as Donner, Childs & Woods, v. Hugh R. Sackett. Assumpsit for money paid to defendant under a mistake of fact. Rule for judgment for want of a sufficient affidavit of defense. Before Shafer, P. J. The opinion of the Supreme Court states the facts. The court made absolute plaintiffs’ rule for judgment for want of a sufficient affidavit of defense.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The judgment of which the appellant complains was entered, for want of a sufficient affidavit of defense, in an action brought to recover back money paid by the plaintiffs under a mistake of fact. The material averments in plaintiffs’ statement of claim, “not directly and specifically traversed and denied” in the affidavit of defense, are to be taken as admitted under the rule of the court below providing for the entry of a judgment for want of a sufficient affidavit of defense. These averments, together with admissions in appellant’s affidavit of defense,…
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