Bridgeman Bros. v. Swing

Citations

• 205 Pa. 479
• 55 A. 26
• 1903 Pa. LEXIS 599

Syllabus

<p>Praetiee, O. P. — Affidavit of defense — Statement—Claim—Pleading.</p> <p>The procedure act of 1887 relieved plaintiffs from a certain amount of formality in the statement of their claims but not from any obligations of substance in the stated cause of action. But if the substance was there the act was not intended to increase mere technicality of presentation.</p> <p>A statement in assumpsit set forth an indebtedness on a “ book account for merchandise sold and delivered to the defendants at their request,” with further averment that the charges are “just and reasonable” and a copy of the account showing in detail the articles and their prices. Held, that the statement was sufficient to require an affidavit of defense.</p> <p>Demurrer— Statement — Affidavit of defense — Judgment.</p> <p>Where a defendant in assumpsit chooses to demur to the sufficiency of the statement, and the court finds that the statement is sufficient, judgment may be entered against the defendant without giving him leave to file an affidavit of defense.</p>