Woodoleum Flooring Co. v. Kayser
Superior Court of Pennsylvania
Appeal, No. 155, Oct. T., 1910, by defendants, from order of C. P. No. 3, Phila. Co., March T., 1910, No. 1,541, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Woodoleum Flooring Company v. Samuel Kayser et al., Copartners, trading as Kayser & Allman. Assumpsit for work and material furnished. The opinion of the Superior Court states the case.
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Appeal, No. 155, Oct. T., 1910, by defendants, from order of C. P. No. 3, Phila. Co., March T., 1910, No. 1,541, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Woodoleum Flooring Company v. Samuel Kayser et al., Copartners, trading as Kayser & Allman. Assumpsit for work and material furnished. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
When two affidavits are filed in a case, the effect to be given to the second or supplemental one is to be determined by the rule announced by this court in Penrose v. Caldwell, 29 Pa. Superior Ct. 550. They are to be construed as one affidavit, and must not be self-contradictory. If the supplemental affidavit contradicts the averments of the original in matter essential to a valid defense, the court is warranted in holding that they are insufficient to prevent a judgment, but, where it is simply •fuller and more specific than the original and the facts are not…
2Cases cited3 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Penrose v. CaldwellSuperior Court of Pennsylvania · 1905
- Delahunty Dyeing Machine Co. v. Pennsylvania Knitting MillsSuperior Court of Pennsylvania · 1902
3Cited by10 opinions
- Avondale Cut Rate, Inc. v. Associated Excess Underwriters, Inc.Supreme Court of Pennsylvania · 1962
- Rosenfield, Admr. v. KlineSuperior Court of Pennsylvania · 1936
- James Talcott, Inc. v. LevySuperior Court of Pennsylvania · 1936
- Levin v. KapnekSuperior Court of Pennsylvania · 1949
- Wales Textile Co. v. Commercial Factors Corp.Superior Court of Pennsylvania · 1932
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