White v. Safe Harbor Match Co.

PALLAS, Circuit Judge.

This case has been heard upon plaintiffs’ rule for judgment for want of a sufficient affidavit of defense. The plaintiffs’ demand comprises three items. The first is for a balance of § LOO, alleged to be due on six car loads of lumber; and the second is for fflli.OO, alleged to be due upon throe car loads of lumber. The affidavit of defense, in so far as it relates to these two items, is as follows:

“That there is no balance due said defendant to plaintiffs on the shipments of lumber made in the six cars first meniioned and described in plaintiffs’ statement filed and…