Smith v. Brockway Motor Truck Corp.

Opinion by

Mr. Justice Maxey,

When this case was here before (see 302 Pa. 217, 153 A. 333) plaintiff’s appeal was from a refusal of judgment for want of sufficient affidavit of defense and from an order refusing to strike off defendant’s counterclaim. The appeal failed, because plaintiff’s right to judgment was not clear. We held that the facts should be fully developed at the trial.

The statement of claim sets forth that on October 18, 1929, plaintiff was in possession of five motor trucks bought of defendant under conditional sale contracts duly filed in Philadelphia County, upon which…