Thommen v. Aldine Trust Co.
Supreme Court of Pennsylvania
A defense not set forth in an affidavit of defense will be disregarded and all evidence offered in support thereof shall be rejected: Smyser v. Strawbridge, 4 Pa. D. & C. 297; Thorpp Sons Co. v. Trust Co., 6 Pa. D. & C. 362; Comerer v. Fraker, 29 Pa. Dist. R. 491. The evidence in the case at bar shows an explicit and unambiguous contract: Mason-Heflin Coal Co. v. Currie, 270 Pa. 221; Am.
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A defense not set forth in an affidavit of defense will be disregarded and all evidence offered in support thereof shall be rejected: Smyser v. Strawbridge, 4 Pa. D. & C. 297; Thorpp Sons Co. v. Trust Co., 6 Pa. D. & C. 362; Comerer v. Fraker, 29 Pa. Dist. R. 491. The evidence in the case at bar shows an explicit and unambiguous contract: Mason-Heflin Coal Co. v. Currie, 270 Pa. 221; Am. Products Co. v. Refining Co., 275 Pa. 332. The judgment in the suit against the principal, Thornmens, Inc., is res judicata as to the validity of the principal contract: Milavetz v. Obert, 164 N. W. 910;…
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
Bertha Thommen, plaintiff, brought suit against her husband’s estate to recover upon his guarantee to make certain payments in case of default by the principal, Thommen’s, Inc. From 1912 to 1918 the two first named had been engaged jointly in the catering and confectionery business. Marital difficulties caused a separation, and thereafter each conducted individually the same character of work through different organizations. In the latter year, Thommen’s, Inc., was formed by the husband, who was named president, he owning practically all of the capital stock,…
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