Sharpsville Furnace Co. v. Snyder
Supreme Court of Pennsylvania
Appeal, No. 237, Oct. T., 1908, by plaintiff, from order of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 890, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sharpsville Furnace Company v. W. P. Snyder, trading as W. P. Snyder & Company. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 237, Oct. T., 1908, by plaintiff, from order of C. P. No. 4, Allegheny Co., Third Term, 1908, No. 890, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sharpsville Furnace Company v. W. P. Snyder, trading as W. P. Snyder & Company. Assumpsit for breach of contract. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned judge of the court below was entirely, right in discharging the rule for judgment for want of a sufficient affidavit of defense. The action was assumpsit for the contract price of pig iron. In April, 1907, the plaintiff sold 6,000 tons of standard Bessemer pig iron to the defendant to be delivered f. o. b. cars at Sharpsville, Pennsylvania. About 1,000 tons were *374to be delivered during each of the last six months of that year. The shipments for July, August, September and October were received and paid for by the defendant company, but it declined to…
2Cases cited4 opinions
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- Jones v. Jennings Bros. & Co.Supreme Court of Pennsylvania · 1895
- Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
- Leonard's Ex'ors v. WinslowSupreme Court of Pennsylvania · 1857
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- Franklin Sugar Refining Co. v. Hanscom Bros.Supreme Court of Pennsylvania · 1922
- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Rees v. R. A. Bowers Co.Supreme Court of Pennsylvania · 1924
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