McCall Co. v. Kershbaum

Opinion by

Baldrigb, J.,

The defendant complained of the lower court entering judgment for plaintiff for want of a sufficient affidavit of defense and striking off his counterclaim.

This suit is based on a written contract covering a period of years, by the terms of which the plaintiff was to furnish certain patterns, magazines, etc., to two stores owned by the defendant, located at Allentown and Easton. Plaintiff furnished the materials but the defendant failed to pay therefor. As a result, the plaintiff rescinded the contract and brought this action to recover the balance alleged to be due,…