Blue Valley Creamery Co. v. Zimmerman

Citations

• 60 Pa. Super. 278
• 1915 Pa. Super. LEXIS 182

Syllabus

<p>Practice, O. P. — Pleading—Statement of claim.</p> <p>In an action for butter sold and delivered the statement of claim is sufficient if it sets forth dates and amounts accompanied by a book account, so that any one reading it would readily know that the plaintiff sold a certain number of pounds of butter to the defendant at a certain price per pound on the dates therein set forth, and that defendant had never paid for them.</p> <p>Practice, G. P. — Affidavit of defense — Insufficient affidavit— Foreign corporation — Doing business.</p> <p>In an action for goods sold and délivered an affidavit of defense is insufficient which merely contains the bald statement that the defendant did not owe the sum demanded, ’ without any denial of the receipt of the goods, or any statement in regard to them which would relieve the defendant from the payment in full or in part of the sum due.</p> <p>In such a case an affidavit of defense is insufficient which merely avers that the plaintiff was a foreign corporation, that it had done business in Pennsylvania, and had not complied with the Act of June 8, 1911, P. L. 710, without stating in any way the character of the business done in violation of the act.</p>