Alschuler Weisz v. Lipkin

Opinion by

Henderson, J.,

The plaintiff brought an action before a magistrate in the City of Philadelphia to recover the sum of $67.50 for merchandise. The defendant did not appear at the trial and judgment was entered for the amount of the claim. Subsequently an appeal was taken to the municipal court by the defendant from the pleadings in which court it appears that the defendant denied the existence of the contract on which the plaintiff relied, and as an additional defense set up a counterclaim for damages for the breach of an agreement made by the pláintiff to deliver to the defendant a…