Devers v. Sollenberger
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1904, by plaintiff, from order of C. P. York Co., Jan. T., 1903, No. 20, discharging rule for judgment for want of a sufficient affidavit of defense;, in case of Philip K. Devers v. Simon J. Sollenberger and United States Fidelity and Guaranty Company. Assumpsit for breach of contract. From the record it appeared that the plaintiff had a contract with the United States government to carry the mail over a particular route.
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Appeal, No. 2, March T., 1904, by plaintiff, from order of C. P. York Co., Jan. T., 1903, No. 20, discharging rule for judgment for want of a sufficient affidavit of defense;, in case of Philip K. Devers v. Simon J. Sollenberger and United States Fidelity and Guaranty Company. Assumpsit for breach of contract. From the record it appeared that the plaintiff had a contract with the United States government to carry the mail over a particular route. On August 19, 1901, plaintiff sublet the contract to defendant. On May 24, 1902, defendant refused to continue the work. Plaintiff then took up the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The representation alleged to have been made by the plaintiff’s agent, that the performance of the service “ required but one horse and wagon and one driver,” is ambiguous. It may have referred to what the service required at the time the representation was made, in which case the falsity of it would seem to be negatived by the other averments of the affidavit to the effect that for a time the defendant was able to perform the service with one horse, wagon and driver. And,-even if it be construed to mean that the performance of the service for the whole period of the…
2Cited by4 opinions
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- Gross v. William Penn Fire Ins.Pennylvania Municipal Court, Philadelphia County · 1944