Ken-Whitmore, Inc. v. Donen Stores, Inc.

Smith, J.,

Upon petition of defendant a rule was granted on plaintiff to show cause why the instant action, which is in assumpsit, should not be dismissed for lack of jurisdiction. After answer filed and depositions taken the matter was argued before the court en banc and is now for disposition. The controlling facts do not appear to be in dispute..

The action is to recover the sum of $2,042, with interest, for women’s coats sold and delivered by plaintiff to defendant between July 11, 1947, and August 26, 1947. Service of the complaint was accepted by defendant’s attorney on December 20, 1947.

B…