Slotnick v. Lavine

Opinion by

Hirt, J.,

After condemning the lethargy of defendants’ attorney and extolling the patience of counsel for plaintiffs, the lower court nevertheless opened the judgment entered by plaintiffs for want of an affidavit of defense.

Following service of a summons in assumpsit, plaintiffs’ statement of claim was filed on May 2, 1946, and was duly served on defendants, with notice to them to file their affidavit of defense within fifteen days. Plaintiffs claimed $1,171, with interest, representing their loss from defendants’ failure to purchase 150 hand trucks in accordance with a sales…