Schanne v. Miller

Opinion by

Kelbbr, J.,

When this case was here before, (100 Pa. Superior Ct. 76), we said that the facts averred in the affidavit of defense, if established to the satisfaction of the jury, made out a good defense; but we said nothing to intimate that it could be established by other than competent evidence.

The mistake of defendants’ New York correspondents, Clark, Childs & Co., in reporting to defendants the purchase of stock which the plaintiff had ordered defendants to buy, when in reality none had been bought by them for plaintiff’s account or otherwise, could not be proved by introducing…