Shermet v. Embick

Opinion by

Keller, J.,

We -would be disposed to affirm tbe judgment entered by the learned court below for part of tbe plaintiff’s claim for want of a sufficient affidavit of defense, on tbe authority of tbe decision of the Supreme Court in Artzerounian v. Demetriades, 276 Pa. 303, were it not for a glaring defect in tbe plaintiff’s case which was not specially called to tbe attention of tbe court below, but which would probably have been noticed when tbe case went back for trial on tbe issues of fact raised by tbe pleadings, viz., that this is an action of assumpsit on an agreement under seal…