Thorne v. Irving & Leiper Mfg. Co.

Citations

• 66 Pa. Super. 121
• 1917 Pa. Super. LEXIS 207

Syllabus

<p>Practice, 0. P. — Statement of claim — Insufficiency of statement —Act of May 25, 1887, P. L. 271.</p> <p>In an action for the price of coal sold and delivered, a statement of claim is sufficient under the Act of May 25, 1887, P. L. 271, which avers that the defendant “agreed to purchase and pay for the said coal”; avers an actual delivery of the coal to the defendant at its wharves and an acceptance of the same by the defendant; “that there and then there became and was due by the defendant to the plaintiff,” the sum in controversy “in accordance with the agreement, which said sum, or any part thereof the defendant has neglected and refused to pay, although repeatedly requested so 'to do, wherefore the defendant was then, and is now indebted, etc.”</p> <p>In such a ease it is immaterial that the statement does not aver that any sum was “justly” due by the defendant.</p> <p>Under the Act of May 25, 1887, P. L. 271, all matters of substance essential to a good cause of action, must be set out with clearness and precision, but the use of technical words is not required.</p>