Fulton Farmers Ass'n v. Bomberger

Citations

• 262 Pa. 43
• 104 A. 805
• 1918 Pa. LEXIS 584

Syllabus

<p>Practice, Supreme Court and C. P. — Act of May 14,1915, P. L. 488 — Plaintiffs statement — Sufficiency—Affidavit of defense — General denials — Insufficiency—Principal and agent — Buie for judgment for want of sufficient affidavit of defense — Judgment for part of claim with leave to proceed — Collection of funds — Refusal to pay to principal — Loss of right to commissions — Appeals—Exceptions — Assignments of error.</p> <p>1. Where the court below rules that a statement of claim is sufficient, and that ruling is not excepted to or assigned as error, it will not be considered on appeal.</p> <p>2. An affidavit of defense that simply denies the averments of the statement of claim, is insufficient under Sec. 8 of the Act of 14th May, 1915, P. L. 483.</p> <p>3. An agent who refuses to pay to his principal the funds collected for him, is not entitled to commissions thereon.</p> <p>4. Under the Act of May 14, 1915, P. L. 483, upon a rule for judgment for want of a sufficient affidavit of defense, judgment may be entered for part of a claim, with leave to proceed for the residue. That act renders obsolete the decision in Faux v. Fitter, 223 Pa. 568.</p> <p>5. The Supreme Court will not view the action of the court below in giving plaintiff leave to proceed to trial for that portion of his claim not included in the judgment entered for want of a sufficient affidavit of defense, unless that action is specifically assigned as error.</p>