Bernstein v. Hirsch
Superior Court of Pennsylvania
Appeal, No. 216, Oct. T., 1906, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1906, No. 196, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Bernstein and William Kaufman, Copartners, trading as Bernstein, Kaufman & Company, v. Angelo Hirsch, Herman Hirsch and Felix Hirsch, Copartners, trading as G. Hirsch’s Sons. Assumpsit for balance of account. The opinion of the Superior Court states the case.
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Appeal, No. 216, Oct. T., 1906, by defendant, from order of O. P. No. 1, Phila. Co., June T., 1906, No. 196, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Bernstein and William Kaufman, Copartners, trading as Bernstein, Kaufman & Company, v. Angelo Hirsch, Herman Hirsch and Felix Hirsch, Copartners, trading as G. Hirsch’s Sons. Assumpsit for balance of account. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiffs’ action was for goods sold consisting of lace belting. The affidavit of defense alleges that the goods delivered from time to time were not satisfactory; that repeated complaints were made because of the inferior quality of the merchandise, and that on March 26, 1906, the plaintiffs having rendered a bill to the defendants amounting to $436.50 for several consignments of goods, the defendants sent to the plaintiffs their 'check for $294.44, and at the same time returned to the plaintiffs 1420|- yards of the lace at ten cents a yard, amounting in value to…
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