73 Pa. Super. 323 | Pa. Super. Ct. | 1920
The facts set forth in the affidavit of defense indicate with sufficient clearness that this detached writing purporting to be a promissory note for the payment of $148, was a part of a contract containing a number of stipulations in regard to the disposition of goods Of the Donald-Richard Company, to be offered for sale by the defendant. While the paper on which the action is founded was signed by the defendant the other part of the contract, to wit, the order for the enumerated goods was not signed by him, but by a salesman of the Donald-
The question is one properly for a jury to determine, and the order of the court in discharging the rule for judgment for want of a sufficient affidavit of defense, is affirmed.