Legal Opinion

Bethlehem Steel Co. v. Topliss

Supreme Court of Pennsylvania

Decided May 10, 1915No. Appeal, No. 27PublishedCited by 9 opinions

Appeal, No. 27, Jan. T., 1915, by defendants, from judgment of C. P. No. 3, Philadelphia Co., March T., 1914, No. 5096, entered for plaintiff for want of a sufficient affidavit of defense, in case of Bethlehem Steel Company v. Charles W. Topliss and Frank H. Street, now or late trading as Topliss & Street. Assumpsit on hook account. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 27, Jan. T., 1915, by defendants, from judgment of C. P. No. 3, Philadelphia Co., March T., 1914, No. 5096, entered for plaintiff for want of a sufficient affidavit of defense, in case of Bethlehem Steel Company v. Charles W. Topliss and Frank H. Street, now or late trading as Topliss & Street. Assumpsit on hook account. The facts appear by the opinion of the Supreme Court. The lower court made absolute plaintiff’s rule for. judgment for want of a sufficient affidavit of defense.. Defendant appealed. Error assigned, among others, was in making absolute, plaintiff’s rule for want…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover the sum of $4,540.25, with interest on various portions of this sum from specified dátes, for structural iron manufactured and sold to defendants to be used in building operations in accordance with certain plans and specifications. The affidavit of defense averred the material was defective and not in conformity with the specifications in certain par¿ ticulars, and claimed a set-off for the cost of completing *420the work and correcting mistakes and damages for delay in delivery, and also certain excess freight charges which defendants…

2Cases cited7 opinions

  1. Fritz v. HathawaySupreme Court of Pennsylvania · 1890
  2. Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
  3. Baker v. TustinSupreme Court of Pennsylvania · 1914
  4. American Structural Steel Co. v. Annex Hotel Co.Supreme Court of Pennsylvania · 1910
  5. Murphy v. TaylorSupreme Court of Pennsylvania · 1896

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Spang v. MattesSupreme Court of Pennsylvania · 1916
  2. Gold v. Fox Film Corp.Supreme Court of Pennsylvania · 1927
  3. Berko v. Kemper Construction Co.Superior Court of Pennsylvania · 1917
  4. Huntington v. Supreme CommanderySupreme Court of Pennsylvania · 1918
  5. Vulcanite Paving Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1916

4 more not listed; retrieve them via the Exa API.

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