Geo. McKay & Co. v. McKenna
Supreme Court of Pennsylvania
Appeal, No. 143, July T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 279, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Plaintiffs in their statement claimed to recover $806.13 on the following account: Owen McKenna, To George McKay and Co., Dr. 1894.' Nov. 5. 11600 Vit. Repressed B. E. Brick, at yard . $208.80 6. 4000 “ “ “ “ “ “ “ . . 72.00 (Car P. R. R..10298.) 8. 16500 Vit.
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Appeal, No. 143, July T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 279, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. Plaintiffs in their statement claimed to recover $806.13 on the following account: Owen McKenna, To George McKay and Co., Dr. 1894.' Nov. 5. 11600 Vit. Repressed B. E. Brick, at yard . $208.80 6. 4000 “ “ “ “ “ “ “ . . 72.00 (Car P. R. R..10298.) 8. 16500 Vit. Repressed B. E. Brick, at yard 297.00 (Car P. C. C. & St. L. 1616; car P. R. R. 30142.) 9. 16500 Vit. Repressed B. E. Brick, at yard . . .…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff’s. claim is for bricks .sold and delivered to the defendant between November 5 and November 12, 1894. It is stated in the affidavit of defense that the bricks purchased after November 6 were to have been delivered at a siding at Engleside station on or before November 9; but there is no distinct averment, except as to the last item of charge, of a breach of the agreement to deliver at the siding within the time named. It is said in the affidavit that the bricks sold on the 8th and 9th of November were not shipped to the defendant on or before the 9th,…
2Cited by6 opinions
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
- Hoffman v. GoslineCourt of Appeals for the Sixth Circuit · 1909
- Gausler v. BridgesSuperior Court of Pennsylvania · 1900
- Kapailo Manufacturing Co. v. FaySuperior Court of Pennsylvania · 1914
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