Schaefer v. Lange
Superior Court of Pennsylvania
Appeal, No. 150, Oct. T., 1908, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1907, No. 1,253, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis Schaefer v. Mary Lange. Assumpsit for goods sold and delivered. The facts are stated in the opinion of the Superior Court. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
The learned judge below, without filing an opinion or giving reasons therefor, granted judgment against the defendant for want of a sufficient affidavit of defense. A careful consideration of the declaration and the affidavit of defense leads us all to the conclusion that the case should have gone to a jury. The account contains lumping charges for a large number of items with a total amount carried out, as for instance, “6 bedstead and springs $21.60;” “8 mattress $18;” “3 stove $16.50;” “5 bureau $20,” and so on till a total footing is reached of $212.70.
To bring this…
2Cited by1 opinion
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