Legal Opinion

Stewart v. Turner

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 42PublishedCited by 4 opinions

Appeal, No. 42, March T., 1917, by defendant, from order of C. P. Luzerne Co., May T., 1916, No. 576, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William W. Stewart et al. v. C. S. Turner. Assumpsit to recover for breach of a contract in writing.

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Appeal, No. 42, March T., 1917, by defendant, from order of C. P. Luzerne Co., May T., 1916, No. 576, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William W. Stewart et al. v. C. S. Turner. Assumpsit to recover for breach of a contract in writing. Before Woodward, J. From the record it appeared that the action was brought to recover the sum of $1,000 alleged to be liquidated damages for failure by the' defendant to use his best endeavors to sell certain brands of plaintiff’s cigars under a written contract by which he was given the exclusive sales…

1Opinion of the Court

Opinion by

Porter, J.,

The defendant appeals from the order of the court below making absolute a rule for judgment for want of a sufficient affidavit of defense. The statement of the plaintiffs averred, in substance, that the plaintiffs were manufacturers of cigars in the City of Reading, that *257among other brands of cigars they manufactured certain named brands, “which brands were well known to the trade, and had acquired a high standing, and were easily marketed.” That on December 19, 1906, they entered into an agreement under seal with the defendant, under the provisions of which they gave to…

2Cases cited3 opinions

  1. March v. AllaboughSupreme Court of Pennsylvania · 1883
  2. Wilkinson v. ColleySupreme Court of Pennsylvania · 1894
  3. Shreve v. BreretonSupreme Court of Pennsylvania · 1866

3Cited by4 opinions

  1. Rudy v. McCloskey & Co.Superior Court of Pennsylvania · 1942
  2. Davis Cookie Co., Inc. v. WasleySupreme Court of Pennsylvania · 1989
  3. Stewart v. TurnerSuperior Court of Pennsylvania · 1919
  4. United Shoe Machinery Co. v. HirstSuperior Court of Pennsylvania · 1918

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