Loeper v. Haas
Superior Court of Pennsylvania
Appeal, No. 128, Oct. T., 1903, by defendant, from order of C. P. Schuylkill Co., Nov. T., 1902, No. 258, discharging rule for judgment for want of a sufficient affidavit of defense in case of Anton Loeper v. John E. Haas. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are stated in the opinion of the Superior Court.
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Appeal, No. 128, Oct. T., 1903, by defendant, from order of C. P. Schuylkill Co., Nov. T., 1902, No. 258, discharging rule for judgment for want of a sufficient affidavit of defense in case of Anton Loeper v. John E. Haas. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are stated in the opinion of the Superior Court. The court discharged rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an action of assumpsit, in which the plaintiff declared upon a book account for goods sold and delivered. We think it sufficiently averred in the supplemental affidavit of defense that the principal items of the plaintiff’s claim, apart from those as to which payment is alleged, are based on a special contract of the plaintiff to manufacture and put in place in the defendant’s store certain fixtures, consisting of a set or sets of shelves, counters, drawers and bins; that the plaintiff agreed and expressly warranted that they should be of a certain kind as to…
2Cases cited4 opinions
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- Stutz v. Loyalhanna Coal & Coke Co.Supreme Court of Pennsylvania · 1890
- Arnold v. StonerSuperior Court of Pennsylvania · 1901
3Cited by2 opinions
- Thaler Bros. v. Greisser Construction Co.Supreme Court of Pennsylvania · 1911
- Kyler v. ChristmanSuperior Court of Pennsylvania · 1904