Producers' Coke Co. v. Hillman

Citations

• 247 Pa. 501
• 93 A. 620
• 1915 Pa. LEXIS 874

Syllabus

<p>Practice, O. P. — Affidavit of defense — Affidavit insufficient in part — Rule for judgment — Appeals.</p> <p>1. The Supreme Court will reverse an order discharging a rule, for judgment for want of a sufficient affidavit of defense, only in cases free from doubt.</p> <p>2. In an action for the price of coke sold and delivered the refusal of the lower court to enter judgment for plaintiff for part of its claim as to which the affidavit of defense was alleged to be insufficient, was not reversible error, where although the delivery of the coke was admitted, it was doubtful from the pleadings whether the deliveries had not been under an entire contract which had never been fully performed by plaintiff, and whether defendants had not received the coke as agents for sale rather than as purchasers, and where the effect of a subsequent parol contract upon the transaction could only be explained by oral testimony.</p>