Faxon v. Schoenberg

Opinion by

Baldrige, J.,

This action was brought to recover an amount alleged to be due under a book account for goods sold and delivered. It was tried before a judge without a jury and judgment was entered for the plaintiff.

The plaintiff offered in evidence the several paragraphs of its statement and the corresponding paragraphs of the affidavit of defense which were so insufficient as to amount to an admission of plaintiff’s averments, and then rested, as a prima facie case was made out: Yulsman et al. v. Levy, 97 Pa. Superior Ct. 392.

Our attention was called to the fact that there was no…