Architectural Tile Co. v. McSorley

Per Curiam,

Defendant appeals from judgment entered for want of a sufficient affidavit of defense. The action was assumpsit to recover the amount of three trade acceptances drawn by plaintiff to its own order upon defendant and accepted by Mm. The affidavit of defense admits all averments of the statement of claim and sets up as a defense an oral agreement, alleged to have been made at the time the instruments in question were executed, to the effect that payment would not be demanded until the buildings for which the materials were furnished had been “adequately financed by mortgage or…