Villar v. Coupe
Superior Court of Pennsylvania
Appeal, No. 295, Oct. T., 1915, by defendant, from order of C. P. No. 2, Philadelphia Co., June T., 1915, No. 3243, making absolute rule for judgment for want of a sufficient affidavit of defense in case of P. Villar & Company v. William H. Coupe. Assumpsit for cigars sold and delivered. Buie for judgment for Avant of a sufficient affidavit of defense.
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Appeal, No. 295, Oct. T., 1915, by defendant, from order of C. P. No. 2, Philadelphia Co., June T., 1915, No. 3243, making absolute rule for judgment for want of a sufficient affidavit of defense in case of P. Villar & Company v. William H. Coupe. Assumpsit for cigars sold and delivered. Buie for judgment for Avant of a sufficient affidavit of defense. The material portions of the affidavit of defense were as follows: “Defendant avers that the said cigars specified in the said exhibit A of the plaintiff’s statement, were delivered to him under the verbal agreement between him and the agent of…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff brings suit to recover the price of certain cigars which he sold and delivered to the defendant. The receipt of the goods and the correctness of the charges are not disputed. The defendant alleges that the cigars were delivered to him “under the verbal agreement between him and the agent of the plaintiff, that the said cigars should be paid for by the defendant when the defendant sold them, and that if defendant was unable to sell the said cigars, said plaintiff agreed to take them *424back. Tbe defendant avers that in accordance with tbe contract entered into'…
2Cases cited6 opinions
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Gould & Co. v. Gage, Hitchcock & Co.Supreme Court of Pennsylvania · 1888
- Moore v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1900
- Mange-Wiener Co. v. Patton Worsham Drug Co.Superior Court of Pennsylvania · 1905
- Gardiner v. D. P. S. Nichols Co.Superior Court of Pennsylvania · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marquette-Bailey Lumber Co. v. GibboneySuperior Court of Pennsylvania · 1925
- W. F. Frederick Piano Co. v. LandauSuperior Court of Pennsylvania · 1917
- Kempe v. NunnSuperior Court of Pennsylvania · 1922
- P. F. Collier & Son v. Youngerman, Pennsylvania Court of Common Pleas, Lancaster County1922