Sloss-Sheffield Steel & Iron Co. v. Tacony Iron Co.
Superior Court of Pennsylvania
Appeal, No. 204, Oct. T., 1910, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1910, No. 280, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sloss-Sheffield Steel & Iron Co. v. Tacony Iron Co. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 204, Oct. T., 1910, by plaintiff, from order of C. P. No. 2, Phila. Co., June T., 1910, No. 280, discharging rule for judgment for want of a sufficient affidavit of defense in case of Sloss-Sheffield Steel & Iron Co. v. Tacony Iron Co. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit the plaintiff sued to recover the price of thirty-nine tons of pig iron alleged to have been sold and delivered to the defendant on April 30, 1907. It is conceded that the declaration shows a prima facie cause of action.
The defendant filed four affidavits of defense, the last one after the court had discharged the plaintiff’s rule for judgment. The third one clearly appears to have been made on information and belief without an averment of defendant’s expectation to be able to prove the facts therein stated, on the trial. Therefore, we do not…
2Cases cited5 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Radcliffe v. HerbstSupreme Court of Pennsylvania · 1890
- Wheatley v. NiedichSuperior Court of Pennsylvania · 1904
3Cited by2 opinions
- Diehl Manufacturing Co. v. Philadelphia Electric Co.Superior Court of Pennsylvania · 1912
- Gelber v. Western National BankSuperior Court of Pennsylvania · 1913