Strassburger v. Joseph S. Finch & Co.

Opinion by

Mr. Justice Parker,

Defendant in this action in assumpsit appeals from an entry of a judgment for want of a sufficient affidavit of defense. The controversy involves the interpretation of a writing fixing the rights of the parties.

On various dates in December, 1933, plaintiff’s decedent purchased spirituous liquors from defendant. Prior thereto the Commonwealth had imposed the so-called “floor tax” (Act of November 22,1933, Sp. Sess., P. L. 5, amended December 22, 1933, Sp. Sess., P. L. 94) of two dollars a gallon on alcoholic liquor. Defendant and others had filed a suit in the…