MEDUSA P. CEMENT CO. v. MARION C. & S. CO.


204 Pa.Super. 5 (1964)

Medusa Portland Cement Company, Appellant, v. Marion Coal & Supply Co.

Superior Court of Pennsylvania.

June 11, 1964.


Attorney(s) appearing for the Case

Harry R. Levy, for appellant.

Lloyd F. Engle, Jr., with him Wilner, Wilner & Kuhn, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., June 11, 1964:

The plaintiff has appealed from the denial of his motion for judgment on the pleadings in an action on a book account for goods sold and delivered in July and August 1962 "at the special instance and request of the defendant."

The defendant corporation's answer, sworn to by its president, states: "For the reasons set forth hereinafter under `New Matter', the defendant...

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