Genesee Paper Co. v. Bogert

Citations

• 23 Pa. Super. 23
• 1903 Pa. Super. LEXIS 5

Syllabus

<p>Pleading — Statement—Practice, G. P. — Statement of account.</p> <p>In an action of assumpsit for goods sold and delivered the statement averred that the defendant, the owner and publisher of a newspaper “ purchased from the plaintiff certain quantities of paper, as per the statement hereto annexed, which were duly delivered.” The copy of account filed began as follows: “Rochester, New York, June 6, 1901. Wilkes-Barre Leader, E. F. Bogert, Pub’r. Wilkes-Barre, Pa. To Gene-see Paper Co., Dr. ” Then followed an itemized statement of the account. Held, (1) that the averment taken in connection with the account clearly showed that the goods were charged to defendant; (2) that the statement was sufficient to call for an affidavit of defense.</p> <p>In an action for goods sold and delivered where the defendant avers in his affidavit of defense that the goods were delivered under a written agreement, and he sets out the agreement as an exhibit to his affidavit of defense, he cannot complain on a rule for judgment that the statement was insufficient because a copy of the agreement was not filed with the statement, and this especially so where he attempts to set up a defense on the merits.</p>