Producers Coke Co. v. Hillman
Supreme Court of Pennsylvania
Appeal, No. 46, Oct. T., 1913, by defendants, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 2659, for plaintiff for want of a sufficient affidavit of defense in case of Producers Coke Company v. J. H. Hillman, Jr., Ernest Hillman and Arthur B. Sheets, partners doing business under the firm name of J. H. Hillman & Sons Company. Assumpsit for goods sold and delivered. Eule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 46, Oct. T., 1913, by defendants, from judgment of C. P. Allegheny Co., Oct. T., 1912, No. 2659, for plaintiff for want of a sufficient affidavit of defense in case of Producers Coke Company v. J. H. Hillman, Jr., Ernest Hillman and Arthur B. Sheets, partners doing business under the firm name of J. H. Hillman & Sons Company. Assumpsit for goods sold and delivered. Eule for judgment for want of a sufficient affidavit of defense. Before Brown, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Defendants appealed. Error assigned was in making…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The action was for recovery for a definite quantity of coke sold and delivered by the plaintiff company to the defendants between 3d July, 1912, and the 29th of the same month, at specified rates per ton, on an implied promise that the defendants would pay for the coke furnished. In the affidavit of defense filed defendants aver that on or about 10th May, 1912, the plaintiff company and the defendants entered into a contract, evidenced by writings, by which the plaintiff agreed to place in the hands of the defendants for sale, substantially all the coke it…
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