Rickey v. Tutelman
Superior Court of Pennsylvania
Appeal, No. 264, Oct..T., 1901, by plaintiffs, from order of C. P, No. 3, Phila. Co., Sept. T., 1901, No. 1786, discharging rule for judgment for want of a sufficient affidavit of defense in case of James Walter Rickey and William Henry Rickey, trading as The Economic Manufacturing Company v. Harry Tutelman, Nathan Tutelman, William Tutelman and Nathan Faggen, trading as Tutelman Brothers & Faggan. Assumpsit for goods sold and delivered.
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Appeal, No. 264, Oct..T., 1901, by plaintiffs, from order of C. P, No. 3, Phila. Co., Sept. T., 1901, No. 1786, discharging rule for judgment for want of a sufficient affidavit of defense in case of James Walter Rickey and William Henry Rickey, trading as The Economic Manufacturing Company v. Harry Tutelman, Nathan Tutelman, William Tutelman and Nathan Faggen, trading as Tutelman Brothers & Faggan. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and affidavit of defense are set forth in…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff’s statement and the exhibits attached thereto set forth the following facts: Plaintiff wrote defendants July 11, 1901: “ Regarding Hagen starcher will state that we have at present on hand one which was in our place, when your Mr. Tutelman was here. We will quote as it is this at $70.00 net cash,” to which defendant replied, July 12, 1901: “ You can also send us the Hagen starcher by freight.” The statement then avers : • “ and thereupon, said plaintiffs properly addressed said machine to defendants in the city and county aforesaid *405and delivered into the…
2Cases cited1 opinion
- Philadelphia & Reading Railroad v. WiremanSupreme Court of Pennsylvania · 1879
3Cited by6 opinions
- Federal Glass Co. v. LorentzSuperior Court of Pennsylvania · 1912
- Mull v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
- Baltimore & Ohio Railroad v. SamuelSuperior Court of Pennsylvania · 1911
- Cohn v. LevinsonSuperior Court of Pennsylvania · 1908
- J. B. Colt Co. v. Shirk, Pennsylvania Court of Common Pleas, Union County1923
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