SMITH v. DALE


405 Pa. 293 (1961)

Smith, Appellant, v. Dale.

Supreme Court of Pennsylvania.

November 14, 1961.


Attorney(s) appearing for the Case

Thomas P. Geer, with him Ryan, Newman, Geer and Goldring, for appellant.

Paul E. Moses, with him James C. Evans, and Evans, Ivory & Evans, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. JUSTICE EAGEN, November 14, 1961:

This is an action in assumpsit on an implied contract for the use and occupancy of premises owned by the plaintiff, for services rendered and for use of equipment and facilities furnished. Suit was instituted on June 19, 1959, and the complaint served on June 25, 1959. Judgment for want of an appearance and failure to file an answer was entered on January 5, 1960.

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