Maine Electric Co. v. General Engineering Works

Opinion by

Keller, J.,

Action of assumpsit for goods sold and delivered on written order.

The learned judge of the court below made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. On subsequent consideration, in connection with the preparation of his opinion, he came to the conclusion that the affidavit of defense sufficiently traversed the statement of claim and raised a question of fact to be passed on by a jury and that his action in entering the judgment was erroneous and should be reversed.

We agree with him that the plaintiff’s right to a summary…