Opinion
March 6, 1934.
April 16, 1934.
Appeal No. 33, February T., 1934, by plaintiff from decree of C.P., Luzerne County, January T., 1931, No. 1199, in the case of Wilkes-Barre Hotel Company v. A.M. Hildebrand.
Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and JAMES, JJ. Affirmed.
Rule for judgment for want of a sufficient affidavit of defense, in action of assumpsit upon a contract of subscription for a mortgage bond. Before McLEAN, P.J.
The facts are stated in the opinion of the Superior Court.
The court discharged the rule. Plaintiff appealed.
Error assigned, among others, was the order of the court.
John A. Gallagher, and with him Frank P. Slattery, for appellant. Mitchell Jenkins, of Jenkins, Turner Jenkins, for appellee.
Argued March 6, 1934.
The pleadings in this case are the same as appear in Wilkes-Barre Hotel Company v. H.N. Rust, 113 Pa. Super. 58 and for the reasons given in the opinion filed in said case.
The order of the lower court is affirmed.