Kaufman & Co. v. Cooper Iron Mining Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 257. Assumpsit, by the Cooper Iron Mining Company, against William M. Kaufman and others, doing business as William M. Kaufman & Co. The plaintiff filed a narr. in the common counts, and a copy of book entries, claiming the sum „of $1,338.75, for 382.10 tons of iron ore, sold and delivered, at #3.50 per ton, with interest.
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Error to the Court of Common Pleas of Berks county: Of January Term, 1884, No. 257. Assumpsit, by the Cooper Iron Mining Company, against William M. Kaufman and others, doing business as William M. Kaufman & Co. The plaintiff filed a narr. in the common counts, and a copy of book entries, claiming the sum „of $1,338.75, for 382.10 tons of iron ore, sold and delivered, at #3.50 per ton, with interest. The defendants filed the following affidavit and supplemental affidavit of defence, in pursuance of the provisions of the Act of February 6, 1868, P. L., 124: The plaintiffs’ claim is based upon…
1Opinion of the CourtJustice Clark
In determining the question raised upon this record we must assume the truth of the facts stated in the affidavits of defence •filed, original and supplemental; if these facts disclose a valid defence to the whole or even a part of the plaintiffs’ claim, the judgment must be reversed. The plaintiffs’ bill of particulars filed exhibit their claim to be for 382^ tons of iron ore, delivered in the month of January, 1883, at $3.50 per ton, $1,338.75.
The supplementary affidavit states that “the plaintiffs’ claim is based upon a sale of iron ore, made by them to the defendants, through Joseph P.…
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