Supreme Court of Pennsylvania, 1906

Ryon v. Starr

Ryon v. Starr
Supreme Court of Pennsylvania · Decided March 5, 1906 · Brown, Elkin, Fell, Mitchell, Potter
214 Pa. 318; 63 A. 704; 1906 Pa. LEXIS 653

Ryon v. Starr

Opinion of the Court

Opinion by

Mr. Justice Elkin,

The question raised by this appeal is the sufficiency of the affidavit of defense as to the sum of $3,125, being the difference between $12,535, amount claimed by appellee as his share of the money actually received by appellant under the contract, and $9,410 paid appellee on account before suit was instituted. As to this amount the affidavit was so clearly insufficient that no useful purpose can be served by a discussion of the merits of the claim.

Assignments of error overruled and judgment affirmed.

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