Vallee Bros. Electrical Co. v. North Penn Iron Co.

Citations

• 32 Pa. Super. 111
• 1906 Pa. Super. LEXIS 293

Syllabus

<p>Practice, C. P. — Pleading—Statement—Evidence—Book of original entries.</p> <p>In an action founded on a book account the statement filed and supported by affidavit contained a true and correct copy of the plaintiff’s book of original entires showing the transaction in full detail, and set forth the usual averments that the goods therein charged for were sold and delivered .to the defendant at the latter’s instance and request, that the prices charged were usual and reasonable, and that the defendant had agreed to pay the same. None of these averments were denied in the affidavit of defense, but it was therein ’averred that the goods were sold on different orders from the defendant which had been accepted in writing by the plaintiff, and that plaintiff had failed to attach to his statement copies of such orders and acceptances. Held, that, at the trial, the court was right in admitting in evidence the book of original entries, and in rejecting the orders referred to in the affidavit of defense.</p> <p>Because a sale of goods is founded on an order in writing signed by the purchaser and accepted by the seller, the sale does not thereby cease to be the proper subject of a book account.</p>