Folsom Real Estate Co. v. Esmark
Superior Court of Pennsylvania
Appeal, No. 217, Oct. T., 1908, by plaintiff, from order of C. P. No. 5, Phila. Co., Sept. T., 1908; No. 340, discharging rule for judgment for want of a sufficient affidavit of defense in case of Folsom Real Estate Company v. Joseph M. Esmark and Albert Esmark. Rule for judgment for-want of a sufficient affidavit of defense. The facts appear by the opin: of the Superior Court.
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Appeal, No. 217, Oct. T., 1908, by plaintiff, from order of C. P. No. 5, Phila. Co., Sept. T., 1908; No. 340, discharging rule for judgment for want of a sufficient affidavit of defense in case of Folsom Real Estate Company v. Joseph M. Esmark and Albert Esmark. Rule for judgment for-want of a sufficient affidavit of defense. The facts appear by the opin: of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
This action is in assumpsit, brought by the plaintiff company, a corporation, to recover the sum of $920, with interest, due on a certain real estate transaction, and is founded upon an agreement in writing, signed by the parties, and which contains a stipulation, “Third, no modification of this agreement nor waiver of any terni or condition hereof, shall be of any force or effect unless the same is in writing, executed by both of the parties hereto, and no waiver or breach of any such term or condition, shall be evidence of, or construed as a waiver, or any other or…
2Cases cited1 opinion
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
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