Penn Shovel Co. v. Phelps
Superior Court of Pennsylvania
Appeal, No. 85, Jan. T., 1904, by-plaintiff, from order of C. P. Luzerne Co., Oct. T., 1903, No. 1113, discharging rule for judgment for want of a sufficient affidavit of defense in case of Penn Shovel Company v. Francis A. Phelps, Cyrus Straw and G. W. Lewis, copartners as Phelps, Straw & Company. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The defense to the plaintiffs’ action is a set-off alleged to exist because of the plaintiff’s refusal to ship additional goods to the defendants on their order. The affidavit sets forth that “ the plaintiff after shipping part of the goods contained in the original order refused to ship these goods after accepting the order, and on April 27, 1903, wrote the defendants a letter, of which the following is a copy,” the substance of which letter *596is expressed in the sentence “ we do not care, however, to ship you any more goods unless you pay for them in advance.” The…
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