Spiegelberg v. Karr
Superior Court of Pennsylvania
Appeal, No. 151, Oct. T., 1903, by defendant, from order of C. P. No. 1, Pliila. Co., March T., 1903, No. 3,840, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Levi Spiegelberg et al., trading as L. Spiegelberg & Sons, v. Jacob Karr, trading as Jacob A. Karr & Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 151, Oct. T., 1903, by defendant, from order of C. P. No. 1, Pliila. Co., March T., 1903, No. 3,840, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Levi Spiegelberg et al., trading as L. Spiegelberg & Sons, v. Jacob Karr, trading as Jacob A. Karr & Company. Assumpsit for goods sold and delivered. 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 making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J,
This is- an action to recover a balance due on a book account for goods, to wit: Miromont madras, sold and delivered to the defendant; the shipments being made on October 28; December 3, December 20, and December 24,1902. The defense is the merchandise was purchased “upon samples exhibited which consisted of pieces of Miromont Madras Linen of various designs and first quality, and the price agreed to be paid was the prevailing market price for the merchandise of the character designated, and first quality,” but that the goods delivered were of second quality and worth…
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