Deacon v. Uhlman

Citations

• 21 Pa. Super. 381
• 1902 Pa. Super. LEXIS 363

Syllabus

<p>Practice — Pleading—Statement—Sufficiency of statement.</p> <p>A statement in an action for a balance for millt sold and delivered, not purporting to be brought upon a book account, is sufficient where it contains the following averment, “ Plaintiffs aver that they sold and delivered to the defendant, in the month of March, 1901, 2,399 quarts of milk, and, in the month of April, 1901, 2,3L6 quarts of milk, at the price of three and one half cents per quart, the price agreed between them, making the total indebtedness therefor $165.03,” followed by averments as to credits and balance due.</p> <p>In an action for milk sold and delivered, a claim for freight paid to re-turn sour milk cannot be sustained where there is no allegation that plaintiff requested that the sour milk should be returned.</p>