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· 2/24/1915

Meehan v. Smolczgnski

Citations

  • 59 Pa. Super. 313
  • 1915 Pa. Super. LEXIS 70

Syllabus

<p>Affidavit of defense — Contract—Sale—Parties—Corporation.</p> <p>In an action against five persons individually, to recover for goods sold and delivered, where it appears from plaintiff’s statement that the plaintiff agreed in writing to furnish a corporation named, certain articles specified, and that the writing was signed by the five defendants following the word “witness,” but not signed by the plaintiff whose name appeared only in the body of the writing, an affidavit of defense is sufficient which alleges that the goods were sold and delivered to the corporation named, and not to the defendants, and that the defendants had executed the writing as agents of the corporation authorized by a resolution of the board of directors, and that the fact that they were so authorized and acting had been made known to the plaintiff.</p>

Judges: Head, Kephart, Rice, Rlady, Trexler

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