Ryon v. Starr
Supreme Court of Pennsylvania
Appeal, No. 297, Jan. T., 1905, by plaintiff, from order of C. P. Schuylkill Co., March T., 1904, No. 22, refusing to enter judgment for full amount of plaintiff’s claim in suit of George W. Ryon v. David Starr. Assumpsit on a contract.
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Appeal, No. 297, Jan. T., 1905, by plaintiff, from order of C. P. Schuylkill Co., March T., 1904, No. 22, refusing to enter judgment for full amount of plaintiff’s claim in suit of George W. Ryon v. David Starr. Assumpsit on a contract. Before Bechtel, P. J. The court below filed the following opinion: From the plaintiff’s statement it appears, that the defendant by writing dated January 21, 1902, authorized and empowered him to sell or lease, a certain tract of land, and agreed to pay to him the sum of $20,000 in case of a sale, for the price therein named. This writing also gives the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This court has held in Ashman v. Weigley, 148 Pa. 61, that the procedure act of 1887 made a material change in the affidavit of defense law. By the-terms of that statute the statement of claim takes the place of a common-law declaration, and in an action of assumpsit requires an affidavit to be filed to prevent judgment. The material averments of the statement of claim are to be taken as admitted wherein they are not specifically denied by the affidavit. In Odd Fellows Savings Bank v. Miller, 179 Pa. 412, it was held that an affidavit of defense was insufficient…
2Cases cited6 opinions
- Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
- Pennsylvania Railroad v. Midvale Steel Co.Supreme Court of Pennsylvania · 1902
- Ashman v. WeigleySupreme Court of Pennsylvania · 1892
- Bardsley v. DelpSupreme Court of Pennsylvania · 1879
- Chain v. HartSupreme Court of Pennsylvania · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kline Chair Co. v. GuaglianomeSuperior Court of Pennsylvania · 1916
- Gordon v. Karsnitz, Pennsylvania Court of Common Pleas, Lebanon County1975