Martinez v. Earnshaw
Supreme Court of Pennsylvania
No. 203 January Term 1891, Sup. Ct.; court below, No. 416 June Term 1890, C. P. No. 3. To the number and term of the court below, Ramon Martinez and others, trading as R. Martines e hijos y Conesa, brought assumpsit against Alfred Earnshaw, filing a statement of claim, verified by affidavit, as follows: “ The plaintiffs seek to recover of the defendant the sum of $3,750, with interest thereon from the first day of January, 1888, for damages suffered by the plaintiffs for…
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No. 203 January Term 1891, Sup. Ct.; court below, No. 416 June Term 1890, C. P. No. 3. To the number and term of the court below, Ramon Martinez and others, trading as R. Martines e hijos y Conesa, brought assumpsit against Alfred Earnshaw, filing a statement of claim, verified by affidavit, as follows: “ The plaintiffs seek to recover of the defendant the sum of $3,750, with interest thereon from the first day of January, 1888, for damages suffered by the plaintiffs for breach, on the part of the defendant, of a certain contract entered into by and between the said plaintiffs and defendant,…
1Opinion of the Court
Opinion,
Mu. Justice Green:
In this case judgment was entered against the defendant for want of a sufficient affidavit of defence. The facts set forth in the affidavit are„to be taken as verity, and we have nothing before us but the plaintiff's’ statement and the defendant’s affidavit. The statement contains the contract upon which the action is founded. By the explicit terms of the contract, the plaintiffs sold and the defendant bought “ dry iron ore,” of usual quality, “ guaranteed to contain fifty per cent of iron in the natural state, with a sliding scale at the rate of three pence per unit…
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