State Street Furniture Co. v. Armour & Co.

In a fourth class action in contract the court on January 11,1930, on plaintiff’s motion, struck from the files defendant’s affidavit of merits for the reason that in the court’s opinion it did not set forth any legal defense to plaintiff’s statement of claim. Thereupon, defendant refusing to plead further and electing to stand on its affidavit, the court defaulted defendant and entered a finding and judgment against it for $38, the full amount of plaintiff’s claim as sworn to. The present appeal followed.

The action is brought under section 18, as amended, of the Practice Act (Cahill’s St.…