National Metal Edge Box Co. v. American Metal Edge Box Co.
Supreme Court of Pennsylvania
Appeal, No. 104, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1913, No. 1777, for defendant, discharging rule for judgment for want of a sufficient affidavit of defense in case of National Metal Edge Box Company v. American Metal Edge Box Company. Assumpsit on an implied contract. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 104, Jan. T., 1914, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1913, No. 1777, for defendant, discharging rule for judgment for want of a sufficient affidavit of defense in case of National Metal Edge Box Company v. American Metal Edge Box Company. Assumpsit on an implied contract. Rule for judgment for want of a sufficient affidavit of defense. Before McMichael, P. J. Rule 45 of the Rules of the Courts of Common Pleas of Philadelphia County was as follows: “In actions on contracts, the plaintiff shall state whether the contract was oral, written or…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the refusal of the court below to enter judgment for plaintiff, for want of a sufficient affidavit of defense. The docket entries are not printed, but it is stated that the action is in assumpsit. In the statement of claim, it is averred that plaintiff is a corporation engaged in the manufacture of straw board boxes bound with metal edges, and defendant is a corporation engaged in the business of punching flat wire and thereby making it available as metal strips; that at various dates in 1911 plaintiff bought, paid for, and caused to be…
2Cases cited8 opinions
- Stroh v. UhrichSupreme Court of Pennsylvania · 1841
- Gilmore v. ReedSupreme Court of Pennsylvania · 1875
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
- Russell v. MillerSupreme Court of Pennsylvania · 1867
- Somerset Colliery Co. v. JohnSupreme Court of Pennsylvania · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis Cookie Co., Inc. v. WasleySupreme Court of Pennsylvania · 1989
- Feather v. HusteadSupreme Court of Pennsylvania · 1916
- Ott v. DuPlan Silk Corp.Supreme Court of Pennsylvania · 1921
- Kaye v. Penn Aluminum Construction Co., Pennsylvania Court of Common Pleas, Lehigh County1954
- Lloyd v. Sherman, Pennsylvania Court of Common Pleas, Cambria County1944
1 more not listed; retrieve them via the Exa API.