The Air Scale Co. v. Nock Company, Inc.

Opinion by

Keller, J.,

We think the affidavit of defense was sufficient to put the plaintiff to proof of its ease. It is only in clear cases that judgment for want of a sufficient affidavit of defense will be entered. If the right to judgment is doubtful the case must go to trial.

The plaintiff is a manufacturer of air scales; the defendant, a jobber in specialties.

The action was in assumpsit for two shipments of air scales; one for three scales shipped to defendant, at Philadelphia, on December 29, 1927, and received by the latter on January 7, 1928; the other for one scale shipped on…