Bridgeman Bros. v. Swing
Supreme Court of Pennsylvania
Appeal, No. 296, Jan. T., 1903, by-defendants, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1902, No. 1085, entering judgment on demurrer to statement in ease of Bridgeman Brothers Company v. Thomas C. Swing and William H. Bateman, Jr., trading as Swing & Bateman. Demurrer to statement.
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Appeal, No. 296, Jan. T., 1903, by-defendants, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1902, No. 1085, entering judgment on demurrer to statement in ease of Bridgeman Brothers Company v. Thomas C. Swing and William H. Bateman, Jr., trading as Swing & Bateman. Demurrer to statement. The grounds of demurrer were as follows: 1. Said statement fails to disclose a delivery of any goods or chattels by the plaintiff to the defendants. 2. The statement of claim fails to show any liability on the part of the defendants or either of them. 3. The alleged copy of plaintiff company’s book of…
1Opinion of the Court
Per Curiam,
The procedure act of 1887 relieved plaintiffs from a certain amount of formality in the statement of their claims but not from any obligations of substance in the stated cause of action: Fritz v. Hathaway, 135 Pa. 274. But if the substance was there the act was not intended to increase mere technicality of presentation. The statement in the present case sets forth *481an indebtedness on “ a book account for merchandise sold and delivered to the defendants at their request,” with a further averment that the charges are “ just and reasonable” and a copy of the account showing in detail…
2Cases cited1 opinion
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
3Cited by6 opinions
- A. & S. Wilson Co. v. ReighardSupreme Court of Pennsylvania · 1911
- Davidov v. BailSuperior Court of Pennsylvania · 1903
- Kamber v. BeckerSuperior Court of Pennsylvania · 1905
- Paist v. SpittallSuperior Court of Pennsylvania · 1914
- I-R Equipment Corp. v. Wesex Corp., Pennsylvania Court of Common Pleas, Mercer County1970
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