Guaranty Motors Co. v. Hudford Philadelphia Sales Co.
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1919, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1918, No. 3917, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Samuel W. Prussian, trading as Guaranty Motors Company v. Hudford Philadelphia Sales Company, a Corporation. Rule for judgment for want of a sufficient affidavit of defense. Before Audenried, P. J. The affidavit of defense set up a number of counterclaims.
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Appeal, No. 129, Jan. T., 1919, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1918, No. 3917, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Samuel W. Prussian, trading as Guaranty Motors Company v. Hudford Philadelphia Sales Company, a Corporation. Rule for judgment for want of a sufficient affidavit of defense. Before Audenried, P. J. The affidavit of defense set up a number of counterclaims. The court was of opinion that they were not properly pleaded and directed judgment for plaintiff for $7,870.60, being the…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This action was brought to recover for automobile equipment sold to the defendant. The affidavit of defense admits delivery, and the correctness of the prices charged, with some minor exceptions, which deducted, left a balance of $7,870.60; as a defense to this balance, and for a certificate, a number of counterclaims in the sum of f168,459 were interposed; the court below, on motion for judgment for want of a sufficient affidavit, held they were not well pleaded and directed judgment to be entered, from which defendant appeals.
A counterclaim should be set forth…
2Cases cited1 opinion
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