Elzea v. Brown
Superior Court of Pennsylvania
Appeal, No. 179, Oct. T., 1914, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1913, No. 544, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William W. Elzea v. Herbert H. Brown, trading as P. F. Brown & Company. Assumpsit for eggs sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The defendant filed two affidavits of defense.
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Appeal, No. 179, Oct. T., 1914, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1913, No. 544, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William W. Elzea v. Herbert H. Brown, trading as P. F. Brown & Company. Assumpsit for eggs sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The defendant filed two affidavits of defense. In the first affidavit he averred, inter alia, as follows: 3. Paragraph No. 2 of plaintiff’s statement admitted so far as it relates to the oral agreement made between…
1Opinion of the Court
Opinion by
Trexler, J.,
The original affidavit of defense filed in this case admits the allegation contained in the second paragraph of plaintiff’s statement; namely, that the price agreed upon for the eggs was the sum of .1934 cents per dozen f. o. b. New York, but avers that the contract was made with the express understanding that the eggs were to be delivered to defendant in first-class condition. The supplemental affidavit of defense denies that the eggs were sold f. o. b. New York, but asserts that they were to be delivered in first-class condition in the city of Philadelphia. If the…
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