Franklin Sugar Refining Co. v. John

Reid, J.,

This case is before us upon a rule for judgment for want of sufficient affidavit of defence. The rule was heard upon the original affidavit; but, after argument, defendants’ counsel asked leave to file a supplemental affidavit, and this we have permitted. As hereafter stated, we have considered these affidavits as one.

*318The action is assumpsit brought by plaintiff to recover damages for breach of contracts to purchase certain sugar. There were three contracts, similar in character, each calling for one carload of 115 barrels of sugar, or “equivalent,” at 22i cents per pound; one for…