Rosenblum v. Stolzenberg
Superior Court of Pennsylvania
Appeal, No. 173, April T., Í908, by defendant, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 516, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Samuel Rosenblum for use of Union Manufacturing & Supply Company v. S. Stolzenberg. Assumpsit on a building contract and for extra work and materials. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 173, April T., Í908, by defendant, from order of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 516, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Samuel Rosenblum for use of Union Manufacturing & Supply Company v. S. Stolzenberg. Assumpsit on a building contract and for extra work and materials. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal by defendant from" a judgment against him for want of a sufficient affidavit of defense. The learned court below filed no opinion, and, therefore, we do not have the benefit of any reasons in support of the judgment. An examination of the declaration and the affidavit of defense leads us to the conclusion that the case ought to have gone to a jury. The declaration is loosely and defectively drawn, especially as to the claim for extra work. It is so defective as to excuse the defendant from filing any affidavit of defense.
The declaration avers the doing…
2Cases cited2 opinions
- Tourison v. EngardSuperior Court of Pennsylvania · 1906
- Bill Posting Sign Co. v. JermonSuperior Court of Pennsylvania · 1905
3Cited by3 opinions
- Black v. IsaacmanSuperior Court of Pennsylvania · 1910
- Commonwealth ex rel. French v. FoleySuperior Court of Pennsylvania · 1920
- Lehr v. St. Paul's Evangelical Lutheran Congregation, Pennsylvania Court of Common Pleas, Lehigh County1924