Leuten Brick Co. v. Killen
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1911, by plaintiff from order of C. P. No. 5, Phila. Co., June T., 1911, No. 4650, discharging rule for judgment for want of a sufficient affidavit of defense in case of Leuten Brick Company v. James D. Killen. Assumpsit for goods sold and delivered. The opinion of the Supreme Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Mioschziskeb,
The plaintiff sued upon a written contract under seal between it and the defendant, dated April 29, 1910. By the terms of this contract the plaintiff agreed to furnish bricks for a building operation of the defendant at stipulated prices, in quantities as ordered by the latter, and the defendant agreed, inter alia, to pay $2,400 in the form of six promissory notes dated as of the last delivery of the bricks and payable in ninety days thereafter, and to give as collateral six properties subject to certain mortgages, which properties were to be held in trust…
2Cases cited10 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Pennsylvania Railroad v. ShaySupreme Court of Pennsylvania · 1876
- Rinker v. Ætna Life InsuranceSupreme Court of Pennsylvania · 1906
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
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