Bovaird v. Barrett & Son
Superior Court of Pennsylvania
Appeal, No. 143, Oct. T., 1921, by plaintiffs, from judgment of O. P. McKean County, Oct. T., 1919, No. 54, for defendant on affidavit of defense, raising a question of law, in tbe case of George W. Bovaird, Frank M. Enright, Mark V. Enright, William Enright and Joseph S. Barry, Copartners, trading as Enright & Company, v. Y. S. Barrett and Glenn V. Barrett, trading as Barrett & Son. Assumpsit on contract to recover for services rendered.
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Appeal, No. 143, Oct. T., 1921, by plaintiffs, from judgment of O. P. McKean County, Oct. T., 1919, No. 54, for defendant on affidavit of defense, raising a question of law, in tbe case of George W. Bovaird, Frank M. Enright, Mark V. Enright, William Enright and Joseph S. Barry, Copartners, trading as Enright & Company, v. Y. S. Barrett and Glenn V. Barrett, trading as Barrett & Son. Assumpsit on contract to recover for services rendered. Before Bouton, P. J. The facts are stated in the opinion of the Superior Court. The court entered judgment for defendant on an affidavit of defense, setting…
1Opinion of the Court
Opinion by
Keller, J.,
The appellant brought an action in assumpsit against the appellees. The latter filed an affidavit of defense denying the averments in the plaintiffs’ statement of claim, and later by leave of court, filed a supplemental affidavit of defense, in which as “a further legal defense” it was averred that the plaintiffs were not entitled to *70maintain the action for the reason that they were unlawfully carrying on business, in that they had not complied with the Act of June 28, 1917, P. L. 645, making it unlawful for any individual or individuals to carry on or conduct any…
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