42 Pa. Super. 576 | Pa. Super. Ct. | 1910
Opinion by
This is an action of replevin. The plaintiff’s claim is based on a contract executed by the defendant in which the latter agreed to lease a certain safe according to the terms set forth in the contract. The plaintiff’s title is not denied in either of the affidavits of defense filed. The right of recovery is disputed, however, on three grounds: (1) that the plaintiff is a foreign corporation engaged in business in Pennsylvania without being registered as required by the Act of April 22,1874, P. L. 108; (2) that the safe was not of the land and quality represented by the plaintiff’s agent; and (3) that the defendant is entitled to set off against the plaintiff’s claim the value of an old safe given in part payment for the new one. As to the incapacity of the plaintiff to maintain the action it is alleged in the original affidavit of defense that “The plaintiff is a foreign corporation organized under the laws of the state of Ohio, and is and has been doing business in the State of Pennsylvania without having been registered in this State as foreign corporations are required to be under the laws of the Commonwealth of Pennsylvania.” In the supplemental affidavit the averment is that “ the plaintiff corporation had offices and places of business in the State of Pennsylvania for several months prior to the time when the transactions-between himself and the representative of the plaintiff company took place, during which time they were engaged, in business in the State of Pennsylvania, without
The judgment is affirmed.