Wilson v. Pennsy Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1920, by defendant, from order of O. P. Clarion Co., Dec. T., 1919, No. 69, entering judgment for plaintiff for want of a sufficient affidavit of defense in case of S. A. Wilson v. Pennsy Coal Co. Assumpsit for money alleged to be due on contract. Rule for judgment for want of a sufficient affidavit of defense. Before Sloan, P. J. The court entered judgment for plaintiff for $2,322.02. Defendant appealed. Error assigned was judgment, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The judgment complained of was directed because of insufficiency of the affidavit of defense filed in the case. The action was brought to recover a certain amount of money claimed to be due upon a written contract bearing date May 11, 1915, whereby plaintiff sold to the defendant company the right to mine and remove the merchantable coal underlying a certain tract of land in Clarion County, for the term of five years, to be paid for at the rate of five cents per ton, the defendant to mine a minimum of 12,000 tons annually during the continuance of the term, or to…
2Cases cited2 opinions
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