Gausler v. Bridges
Superior Court of Pennsylvania
Appeal, No. 6, March T., 1900, by defendants, in a suit of Gausler & Starr Company against Bridges & Williams, from judgment of C. P. Cumberland Co., Sept. T., 1899, No. 15, in favor of plaintiff, for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Beaver, J., dissents. Assumpsit. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 6, March T., 1900, by defendants, in a suit of Gausler & Starr Company against Bridges & Williams, from judgment of C. P. Cumberland Co., Sept. T., 1899, No. 15, in favor of plaintiff, for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Beaver, J., dissents. Assumpsit. The facts sufficiently appear in the opinion of the court. The court below entered judgment for want of a sufficient affidavit of defense in favor of plaintiff for $215.95. Defendant appealed. Error assigned was entry of judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiffs, in their statement and affidavit of claim, allege *648a sale and delivery to the defendants, on August 22, 1898, of goods and merchandise amounting to §214.66. The copy of the account annexed to and made part of the statement is itemized, and sets forth the price of each specific item. The affidavit of defense does not deny that the defendants had entered into a contract to purchase these goods at the prices stated, nor does it assert that.the goods furnished were not of the quality contracted for. In the original affidavit of defense the only excuse…
2Cases cited6 opinions
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
- Griel v. BuckiusSupreme Court of Pennsylvania · 1886
- Geo. McKay & Co. v. McKennaSupreme Court of Pennsylvania · 1896
- E. B. Weed & Co. v. WeinbergerSuperior Court of Pennsylvania · 1899
- Jenkinson v. Hilands, Pennsylvania Court of Common Pleas, Alleghany County1892
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3Cited by3 opinions
- Snyder v. LingoSuperior Court of Pennsylvania · 1906
- Sweigard v. Ice Co.Superior Court of Pennsylvania · 1900
- Williams v. WengerSuperior Court of Pennsylvania · 1912