American Manufacturing Co. v. S. Morgan Smith Co.

Citations

• 25 Pa. Super. 176
• 1904 Pa. Super. LEXIS 36

Syllabus

<p>Practice, C. P. — Pleading—Security for costs — Rule to plead.</p> <p>A direction included in a rule on a nonresident plaintiff to give security for costs “that pending the giving of such security, all proceedings in the case be stayed, and that the defendant be not required to plead,” merely suspends the operation of the rule to plead until the rule for security is disposed of. When the rule for security is satisfied, the stay of proceedings during its pendency expires, and the effect of the rule to plead is restored as fully as if it had not been suspended. The residue of the time stipulated in the rule begins to run when satisfaction of the rule for security is entered of record, irrespective of endorsements relative to filing; and at its expiration the defendant is required to plead or suffer a default. Neither a new rule nor a reinstatement of the pending rule is necessary, nor is the defendant entitled to fresh notice. In such a case the plaintiff’s right to judgment upon defendant’s default is not affected by an alleged oral agree-' ment or understanding between counsel where such oral agreement is questioned.</p> <p>Practice, C. P. — Pleading—Statement of claim — Acts of March 21, 1806, sec. 5, P. L. 558, and May 25, 1887, sec. 3, P. L. 271.</p> <p>In an action of assumpsit a statement of claim is sufficient which sets forth a sale and delivery by the plaintiff to the defendant at a given date of a certain quantity of merchandise, at a specified price, payable at a fixed time, the performance of a certain service upon the defendant’s agreement to pay the expense thereof, with the date of performance, and the expense incurred, and the whole amount the plaintiff believes is justly due him from the defendant.</p> <p>It is not necessary to state whether a contract declared on is oral or ■ written, even though the law requires it to be in writing; and a statement of its terms is sufficient to show whether the defendant’s promise was express or implied.</p> <p>