Frill v. Frill

Opinion by

Mr. Chief Justice Moschzisker,

R. H. Frill sued B. F. Frill and Floyd Frill, alleging that', on November 3, 1920, they had purchased all his *326interest1 in the “equipment, timber and manufactured lumber” on a certain tract of land, and had failed to pay the agreed price. An affidavit of defense was filed by B. F. Frill, denying, inter alia, that he had made the alleged purchase, either individually or jointly with his son Floyd; the latter interposed no defense, by affidavit or otherwise. At the trial, the court below entered a non-suit, which it subsequently declined to remove; hence…