American Home Savings Bank Co. v. Guardian Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 133, Oct. T., 1904, by ^defendant, from order of C. P. No. 3, Allegheny Co., May T., 1904, No. 446, making absolute rule for judgment for want of a sufficient affidavit of defense in case of American Home Savings Bank Company v. Guardian Trust Company of Pittsburg. Assumpsit for goods sold and delivered. Rule for ¡judgment for want of a sufficient affidavit of defense.
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Appeal, No. 133, Oct. T., 1904, by ^defendant, from order of C. P. No. 3, Allegheny Co., May T., 1904, No. 446, making absolute rule for judgment for want of a sufficient affidavit of defense in case of American Home Savings Bank Company v. Guardian Trust Company of Pittsburg. Assumpsit for goods sold and delivered. Rule for ¡judgment for want of a sufficient affidavit of defense. The goods were sold under the following written order: “ Offices Pennsylvania Building, “ Philadelphia, January 9,1904. “ American Home Savings Bank Company, “ Factory, Woodbury, N. J. “ Dear Sirs :—You will please…
1Opinion of the Court
Opinion by
Mb. Justice Potter,
This was an action of assumpsit in which judgment was entered for want of a sufficient affidavit of defense. The appellant contends that this was error, because it had set up in the affidavit a parol contract modifying the written order upon which the goods were furnished. But this contract as alleged by the defendant does not appear to have been contemporaneous with the written order, and for that reason the learned court below was justified in ruling that it could not be permitted to vary or contradict the latter. The first written order was given to the…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Pullman's Palace Car Co. v. Metropolitan Street Railway Co.Supreme Court of the United States · 1895
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Krueger v. NicolaSupreme Court of Pennsylvania · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hill & MacMillan, Inc. v. TaylorSupreme Court of Pennsylvania · 1931
- Griffin v. Metal Product Co.Supreme Court of Pennsylvania · 1919
- Roebling's Sons Co. v. American Amusement & Construction Co.Supreme Court of Pennsylvania · 1911
- Demos Construction Co. v. Service Supply Corp.Superior Court of Pennsylvania · 1943
- Pennsylvania Railroad v. J. Jacob Shannon & Co.Supreme Court of Pennsylvania · 1949
5 more not listed; retrieve them via the Exa API.