HERBERTSON v. AM. FRUIT GROWERS, INC., 318 Pa. 261 (1935)

178 A. 302

Supreme Court of Pennsylvania.April 2, 1935.
April 22, 1935.

Argued April 2, 1935.

Before FRAZER, C. J., SIMPSON, KEPHART, MAXEY, DREW and LINN, JJ.

Appeal, No. 48, March T., 1935, by plaintiff, from order of C. P. Allegheny Co., April T., 1934, No. 3437, in case of James R. Herbertson v. American Fruit Growers, Inc. Order discharging the rule is affirmed.

Harvey Morton Aronson, with him Walter M. Newman, for appellant.

Harry S. Dunmire, with him R. T. M. McCready, for appellee, were not heard.

PER CURIAM, April 22, 1935:

An examination of the record in this case fails to disclose such a clear case as to warrant entry of judgment for want of a sufficient affidavit of defense. The order discharging the rule is affirmed at appellant’s costs.