Avondale Marble Co. ex rel. Shaw v. Wiggins
Superior Court of Pennsylvania
Appeal, No. 125, Oct. T., 1899, by defendant, from judgment of O. P. No. 4, Pbila. Co., Dec. T., 1898, No. 861, in favor of plaintiff, for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before tlie court in banc. It appears from the record that plaintiff sought to recover from defendant in assumpsit the sum of 11,576.68. On this amount the sum of $812.50 was admitted to be due and was paid into court.
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Appeal, No. 125, Oct. T., 1899, by defendant, from judgment of O. P. No. 4, Pbila. Co., Dec. T., 1898, No. 861, in favor of plaintiff, for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before tlie court in banc. It appears from the record that plaintiff sought to recover from defendant in assumpsit the sum of 11,576.68. On this amount the sum of $812.50 was admitted to be due and was paid into court. As to the balance of $763.58 defendant filed an affidavit of defense. Other facts are sufficiently set forth in the opinion of the…
1Opinion of the Court
Opinion by
Rice,'P. J.,
The defendant was the contractor for the erection of a church. One Holloway contracted with him to do the stonework, and the plaintiff contracted with Holloway to furnish the stone. After part performance Holloway defaulted in his contract with the defendant, whereupon it was rescinded and the plaintiff was notified of the fact. The defendant then undertook to complete the stonework himself, but the plaintiff refused to deliver to him the stone necessary for the purpose unless he would agree to pay an unpaid balance' owing by Holloway for stone already delivered. The…
2Cases cited5 opinions
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Hilliard v. Allegheny Geometrical Wood Carving Co.Supreme Court of Pennsylvania · 1896
- Acetylene Light, Heat & Power Co. v. SmithSuperior Court of Pennsylvania · 1899
- Inlow v. ChristySupreme Court of Pennsylvania · 1898
3Cited by4 opinions
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- Nerve Food Co. v. RobertsonSupreme Court of Pennsylvania · 1901
- Taraborelli v. Don Peters, Inc., Pennsylvania Court of Common Pleas, Montgomery County1951