Service Prod. Inc. v. Am. Insul. Co.

Opinion by

Gawthrop, J.,

This is an action of assumpsit to recover for merchandise sold and delivered by plaintiff to defendant on September 13, 1930. The affidavit of defense admitted defendant’s liability to pay for these goods and set up a counter-claim for damages alleged to have resulted from the failure of plaintiff to deliver goods of like character under a written order signed by defendant. Plaintiff took a rule for judgment and filed a reply to defendant’s counter-claim, raising questions of law based upon the alleged insufficiency of the counter-claim. Defendant obtained leave to file…