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Hulton, Appellant, v. Union Ice Cold Storage Co.

Appeals — Affidavit of defense — Refusal of judgment.

An order refusing judgment for want of a sufficient affidavit of defense will not be reversed on appeal, unless the action of the court below appears to be based on a plain error of law.

Argued December 1, 1927.

PER CURIAM, January 3, 1928:

The court below refused judgment for want of a sufficient affidavit of defense; plaintiff has appealed. This case falls within the principle of Goodrich Rubber Co. v. Motor Tire Corporation, 291 Pa. 185.

The order appealed from is affirmed.

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HULTON v. UNION ICE COLD STOR. CO
(Jan 3, 1928)