Biernbaum v. Foster
Superior Court of Pennsylvania
Appeal, No. 75, Oct. T., 1911, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1910, No. 3,618, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Max H. Biernbaum and J. Prescott Stoughton, Co-partners, trading as Parvin & Company, v. James Foster. Assumpsit for balance due on a building contract. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 75, Oct. T., 1911, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1910, No. 3,618, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Max H. Biernbaum and J. Prescott Stoughton, Co-partners, trading as Parvin & Company, v. James Foster. Assumpsit for balance due on a building contract. Rule for judgment for want of a sufficient affidavit of defense. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense. The averment of the defendant’s claim is good: Stern v. Dwyer, 35 Pa.…
1Opinion of the Court
Opinion by
Orlady, J.,
The original contract between these parties in relation to the finishing and erecting certain ironwork in Phila*601delphia Base Ball Park, for the sum of $25,986, was completed and paid for, and the only item involved in the present controversy relates to one that is defined as extras. As a defense to the payment of these extras, which are averred to be not worth in excess of $801.40, the defense as set out in the defendant’s affidavit is as follows: “That it was part of plaintiff’s contract to re-erect towers which were torn down from the old stand and to re-erect them on…
2Cases cited4 opinions
- Appleby v. BarrettSuperior Court of Pennsylvania · 1905
- Sprissler v. McFetridgeSuperior Court of Pennsylvania · 1908
- Caven-Williamson Ammonia Co. v. Ice Manufacturing Co.Superior Court of Pennsylvania · 1905
- Stage v. SmithSuperior Court of Pennsylvania · 1909
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- Berko v. Kemper Construction Co.Superior Court of Pennsylvania · 1917
- Pittsburg Automobile Co. v. Iron City Sand Co.Superior Court of Pennsylvania · 1913
- Bankerd & Outerson Co. v. Historical Publishing Co.Superior Court of Pennsylvania · 1913