Practice C.P. — Action on book account — Affidavit of defense — Insufficiency — Judgment for want of a sufficient affidavit of defense.
On a rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit on a book account for merchandise sold and delivered to the defendant's service station, the affidavit of defense is insufficient where the defendant avers that during the term covered by the deliveries his service station was in charge of his manager who under the terms of his appointment, was to collect all accounts and pay all bills for supplies.
Submitted March 9, 1932.
PER CURIAM, March 21, 1932:
The judgment is affirmed on the opinion of President Judge NEWCOMB of the court below.