Fuhrman v. Stackman
Superior Court of Pennsylvania
Appeal, No. 113, April T., 1905, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1904, No. 579, making absolute rule for judgmentfor want .of a sufficient affidavit of defense in case of N. M. Fuhrman v. C. H. Stachman. Assumpsit for goods sold and delivered. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
This was an action for the recovery of a balance alleged to be due upon a book account for goods sold and delivered. The account extended over the period from J uly, 1901, to J une, 1902, and payments were made from time to time between October, 1901, and August, 1903. There is no specific denial in the affidavit of defense that the goods were delivered to and accepted by the defendant, or that the prices charged were correct. What the defendant alleges is that the goods were represented by the plaintiff to be first class in every respect, and that upon *155the sale of them to his, the…
2Cases cited5 opinions
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
- Ogden v. BeattySupreme Court of Pennsylvania · 1890
- Wetherill v. NeilsonSupreme Court of Pennsylvania · 1853
- Shisler v. BaxterSupreme Court of Pennsylvania · 1885
- E. B. Weed & Co. v. WeinbergerSuperior Court of Pennsylvania · 1899