Enterprise Contracting Co. v. Ontario Coal & Supply Co.
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1912, by defendant, from order of C. P. No. 4, Allegheny Co., Third Term, 1911, No. 537, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Enterprise Contracting Company v. Ontatio Coal & Supply Company. Assumpsit on an engineer’s final estimate. Rule for judgment for want of a sufficient affidavit of defense. Cohen, J., filed the following opinion.
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Appeal, No. 135, April T., 1912, by defendant, from order of C. P. No. 4, Allegheny Co., Third Term, 1911, No. 537, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Enterprise Contracting Company v. Ontatio Coal & Supply Company. Assumpsit on an engineer’s final estimate. Rule for judgment for want of a sufficient affidavit of defense. Cohen, J., filed the following opinion. The Ontario Coal & Supply Company, a corporation created under the laws of the state of Pennsylvania, defendant, brought this action of assumpsit against the Enterprise…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit the plaintiff sued for an *639alleged balance due upon a written contract, of a copy which contract was attached to and filed with the declaration. The defendant having filed an affidavit of defense, a rule was taken for judgment for want of a sufficient affidavit, and, on argument, this rule was made absolute and a judgment entered in favor of the plaintiff on December 20, 1911, for the sum of $1,085.16. To this action of the court the defendant’s counsel excepted and appealed to this court.
A careful examination of the record, opinion of the…
2Cases cited3 opinions
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1890
- McCauley v. KellerSupreme Court of Pennsylvania · 1889
- Sicilian Asphalt Paving Co. v. City of WilliamsportSupreme Court of Pennsylvania · 1898