Vallee Bros. Electrical Co. v. North Penn Iron Co.
Superior Court of Pennsylvania
Appeal, No. 18, Oct. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Go., Sept. T., 1906, No. 3,624, on verdict for plaintiff in case of Yallee Brothers Electrical Company v. North Penn Iron Company. Assumpsit for goods sold and delivered. Before Ralston, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 18, Oct. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Go., Sept. T., 1906, No. 3,624, on verdict for plaintiff in case of Yallee Brothers Electrical Company v. North Penn Iron Company. Assumpsit for goods sold and delivered. Before Ralston, J. The facts are stated in the opinion of the Superior Court. Defendant presented the following points: 1. If the jury believe that the goods for which the plaintiff sues to recover, were furnished under written contracts, or orders, the plaintiff not having declared ■ on such orders, or contracts, but on a book acount, cannot…
1Opinion of the Court
Opinion by
Head, J.,
The single question presented by this record arises from the following averment in the affidavit of defense, viz: “ The lamps for which suit is brought were furnished by the plaintiff upon twelve different orders from the defendant which were accepted in writing by the plaintiff. The plaintiff has failed to attach to his statement of claim copies of said orders and acceptances.” The action was founded on a book account. The statement, filed and supported by affidavit, contains a true and correct copy of the plaintiff’s book of original entry, showing the transaction in full…
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