American Watch Tool Co. v. Reed Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 62, April T., 1901, by defendant, from order of C. P. Erie Co., Feb. T., 1900, No. 128, making absolute a rule for judgment for want of a sufficient affidavit of defense in ease of American Watch Tool Company v. Reed Manufacturing Company. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the suit was brought to recover $375, being the price of certain punchers and dies for use on No. 3 Stiles & Parker press.
Read the full summary
Appeal, No. 62, April T., 1901, by defendant, from order of C. P. Erie Co., Feb. T., 1900, No. 128, making absolute a rule for judgment for want of a sufficient affidavit of defense in ease of American Watch Tool Company v. Reed Manufacturing Company. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the suit was brought to recover $375, being the price of certain punchers and dies for use on No. 3 Stiles & Parker press. Defendant filed an affidavit of defense in which they averred in part as follows: Deponent admits that on or about August 30,…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The statement of claim sets forth that the plaintiffs made, pursuant to contract by correspondence, certain punchers and dies fitted to a No. 3 Stiles & Parker Press, which were delivered to the defendants and accepted by them. This action is brought for the price. To the statement, in addition to the correspondence relating to the contract, was appended other correspondence by mail and by wire, which the defendants complain was not properly a part of the pleading (because anticipatory of a possible defense) and of which the court below took cognizance in…
2Cases cited1 opinion
- Dailey v. GreenSupreme Court of Pennsylvania · 1850
3Cited by5 opinions
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Hausman Buttler v. Dougherty SonsSuperior Court of Pennsylvania · 1928
- Dunn v. Pittsburg Jewelry Manufacturing Co.Superior Court of Pennsylvania · 1910
- Maryland Coal & Coke Co. v. Gonzales Coal Mining Co., Pennsylvania Court of Common Pleas, Centre County1929
- McCaskey Register Co. v. Barsby, Pennsylvania Court of Common Pleas, Carbon County1922