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· 2/3/1890

Malone v. Philadelphia

Citations

  • 132 Pa. 209
  • 19 A. 54
  • 1890 Pa. LEXIS 795

Syllabus

<p>An affidavit of defence filed to an action of assumpsit to recover a balance claimed for the construction of a city bridge, specifically averring that the bridge had not been completed within the time provided by tlie contract, and that the amount claimed was withheld as liquidated damages authorized by the contract, held sufficient to prevent summai’y judgment. Whether a municipal corporation can be required to file an affidavit of defenee, in an action of assumpsit brought under the act of May 25, 1887, P. L. 271, not decided.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • citing, for the latter proposition, Estate of Brant

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Green, McCollum, Mitchell, Paxson, Williams

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