Opinion
November 22, 1932.
March 3, 1933.
Appeal No. 119, October T., 1932, by plaintiff from judgment of C.P., Bradford County, February T., 1931, No. 39, in the case of Metro Goldwyn Mayer Distributing Corporation v. C.A. Shook, Family Theatre, Troy, Pa.
Before TREXLER, P.J., KELLER, GAWTHROP, CUNNINGHAM, BALDRIGE, STADTFELD and PARKER, JJ. Reversed.
Rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit on a written contract. Before CULVER, P.J.
The facts are stated in the opinion of the Superior Court.
The court entered judgment for the defendant. Plaintiff appealed.
Error assigned, among others, was the entry of judgment.
Frank Fogel, and with him W.M. Rosenfield, for appellant.
David J. Fanning, for appellee.
Argued November 22, 1932.
The identical question involved in this appeal was disposed of in the case of R.K.O. Distributing Corporation v. C.A. Shook, in which case an opinion was handed down at this term of court, 108 Pa. Super. 383. The cases were argued together and presented in one brief.
We are all of the opinion that the judgment entered should be reversed and the record remitted to the lower court for further proceedings, and that an opportunity should be given to the defendant to amend his affidavit of defense.
Judgment of the lower court is reversed with a procedendo.