Egan v. Plotnick

Bok, P. J.,

This is a plaintiff’s rule to compel defendant, before trial, to open its books so that plaintiff can determine, in order to declare, what goods were delivered by defendant to its customers between certain dates. Plaintiff claims commissions on these deliveries.

We see no authority for such a rule, except under the Act of February 27, 1798, 3 Sm L. 303, sec. 1, 28 PS §61. Many lower court cases have decided, apparently on the basis of this act, to grant, relief, but the Supreme Court has flatly declared, in Whetsel v. Shaw, 343 Pa. 182 (1941), that the Act of 1798 applies only to…