Thole v. Martino
Superior Court of Pennsylvania
Appeal, No. 140, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., March T., 1913, No. 2,936, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Francis H. Thole v. Raffaele Martino. Assumpsit on a quantum meruit for professional services. 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
Oklady, J.,
There is no suggestion of merit in this appeal: The defendant admits in the affidavit of defense that he employed the plaintiff to render for him certain professional services in surcharging his guardian with specific items, and agreed that his compensation should be fifty per cent of any amount claimed as a credit by the guardian which should be disallowed by the orphans’ court. At the adjudication of the estate, the defendant, being then of full age, personally withdrew all objections and exceptions to the account, when it was confirmed and decreed that the estate of…
2Cases cited3 opinions
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- McGahren v. MosierSuperior Court of Pennsylvania · 1913
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