Lenz v. Spencer
Superior Court of Pennsylvania
Appeal, No. 5, Jan. T., 1905, by defendant, from order of C. P. Lackawanna Co., Nov. T., 1902, No. 302, sustaining exceptions to report of referee in case of Sidney Lenz and Harry Lenz trading as The Lenz & Lenz Company v. Susan Spencer. Assumpsit for goods sold and delivered. Exceptions to report of L. P. Wedeman Esq., referee. The facts appear by the opinion of the court below. Errors assigned were in sustaining exceptions to report, of referee.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit in which the plaintiff claims $112.10, with interest, for 6,000 butter boxes, sold and delivered to the defendant upon a written order.
The defendant filed an affidavit of defense admitting the execution and delivery of an order for butter boxes but averring that the order was for only 2,000 boxes, amounting to $37.37, and averring a return of 4,000 boxes to the plaintiff. On December 5, 1902, judgment was entered for plaintiff for $37.37, the amount admitted, without prejudice to further proceedings.
After the filing of the general issue…
2Cases cited10 opinions
- Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Honesdale Glass Co. v. StormsSupreme Court of Pennsylvania · 1889
- Hill v. EganSupreme Court of Pennsylvania · 1894
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