Fleck-Marshall Co. v. Lamparter

Groff, J.,:We have before us a motion for judgment for want of a sufficient affidavit of defense. Plaintiff alleges in his statement that, “at the special instance and request of the defendant, or at the special instance and request of the duly authorized agent or agents of the defendant, [plaintiff] sold and delivered to the said defendant or to the duly authorized agent or agents of the defendant, upon premises owned by the defendant on Rock-land Street, in or near the City of Lancaster, Pennsylvania, goods. . . .”

It will be noted by the above that plaintiff does not know if he sold the…