Mintz v. Tri-County Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 38, Oct. T., 1917, by defendant, from judgment of C. P. Clarion Co., Aug. T., 1916, No. 109, for want of a sufficient affidavit of defense, in case of David Mintz v. The Tri-County Natural Gas Company, a corporation. Assumpsit for gas sold under a'written contract. Rule for judgment for want of a sufficient affidavit of defense. Before Sloan, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 38, Oct. T., 1917, by defendant, from judgment of C. P. Clarion Co., Aug. T., 1916, No. 109, for want of a sufficient affidavit of defense, in case of David Mintz v. The Tri-County Natural Gas Company, a corporation. Assumpsit for gas sold under a'written contract. Rule for judgment for want of a sufficient affidavit of defense. Before Sloan, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
David Mintz, the plaintiff, sued in assumpsit to recover $3,786.07 for natural gas sold to the Tri-County Natural Gas Company, the defendant, under a written contract. Defendant filed an affidavit of defense, followed by a supplemental affidavit, wherein it averred a set-off, in effect, as follows: That, prior to the contract in suit, plaintiff and five other persons, naming them, entered into another written contract with defendant, whereby the former sold to the latter all the gas under and from a certain other tract of land; that, notwithstanding this…
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