Stein v. Cherry

Opinion by

Hirt, J.,

In this action of assumpsit, judgment was entered against the defendant, for the amount admitted in her affidavit of defense to be owing, with leave to plaintiff to proceed for the balance claimed. The amount involved is small but the question, although not new, is of some importance.

Defendant rented a room in plaintiff’s house and was supplied board at an agreed weekly rate. Plaintiff’s statement of claim alleged a balance due of $53.75. Defendant in her affidavit of defense admitted that, as of June 22, 1944, she was indebted to plaintiff in the sum of $94.25. A payment…