Legal Opinion

Blue Valley Creamery Co. v. Zimmerman

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 96PublishedCited by 4 opinions

Appeal, No. 96, October T., 1914, by defendant, from order of C. P. Schuylkill Co., January T., 1914, No. 13, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Blue Valley Creamery Co. v. W. J. Zimmerman. Assumpsit for goods sold and delivered.

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Appeal, No. 96, October T., 1914, by defendant, from order of C. P. Schuylkill Co., January T., 1914, No. 13, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Blue Valley Creamery Co. v. W. J. Zimmerman. Assumpsit for goods sold and delivered. Plaintiff’s statement was as follows: The Blue Valley Creamery Company, a corporation duly incorporated under the laws of Illinois, plaintiff above named, brings this suit against Wallace J. Zimmerman of the Borough of Tamaqua, Schuylkill County, Pennsylvania, defendant above named, to recover from the said…

1Opinion of the Court

Opinion by

Trexler, J.,

To entitle the plaintiff to judgment his statement must show a complete cause of action. An examination of it convinces us that there is sufficient alleged to support the judgment. It is a concise statement of the plaintiff’s demand, showing the subject-matter of his claim, and the dates and the amounts and it is accompanied by a copy of the book account., The book account is stated in abbreviated language, but taking the whole of the statement, it cannot be seriously contended that the nature of the plaintiff’s claim is not disclosed in every essential particular, or…

2Cases cited4 opinions

  1. Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
  2. Galena Mining & Smelting Co. v. FrazierSuperior Court of Pennsylvania · 1902
  3. Federal Glass Co. v. LorentzSuperior Court of Pennsylvania · 1912
  4. Sigua Iron Co. v. VandervortSupreme Court of Pennsylvania · 1894

3Cited by4 opinions

  1. Stein v. SlomkowskiSuperior Court of Pennsylvania · 1920
  2. Duro Art Supply Co. v. Auto Parts & Radiator Co., Pennsylvania Court of Common Pleas, Delaware County1963
  3. J. B. Colt Co. v. Shirk, Pennsylvania Court of Common Pleas, Union County1923
  4. WAMCO XXV Ltd. v. DeSouza, Pennsylvania Court of Common Pleas, Philadelphia County2001

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