Spencer v. Keeler
Superior Court of Pennsylvania
Appeal, No. 147, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 75, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by Beaver, J. Motion for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that plaintiff, a book agent, sued to recover the amount of $634.61, money deposited to cover the price of books furnished him for sale.
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Appeal, No. 147, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 75, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by Beaver, J. Motion for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that plaintiff, a book agent, sued to recover the amount of $634.61, money deposited to cover the price of books furnished him for sale. The affidavit of defense denied the right of the plaintiff to recover, alleging a breach of the contract of agency by the plaintiff, and a…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff seeks to recover upon a written contract in which occur the following provisions: “ Fourth. And it is further agreed between the said parties to this contract that at the expiration of the said term of twelve months (if not sooner determined by mutual consent) and the fulfilment of the several covenants and conditions of this contract, the parties of the first part further agree to purchase from said party of the second part all the stock of books that he, the party of the second part, may have on hand purchased from said parties of the first part, paying…
2Cases cited2 opinions
- Martinez v. EarnshawSupreme Court of Pennsylvania · 1891
- Williams v. MyersSuperior Court of Pennsylvania · 1897