A. H. Davenport Co. v. Addicks

Citations

• 21 Del. 4
• 5 Penne. 4
• 57 A. 532
• 1904 Del. LEXIS 11

Syllabus

<p>Affidavit of Defense; Sufficiency of—Judgment refused in case of Doubt—Book Account—“ Purchase ” ; Construction of the Word—Practice.</p> <p>1. In an affidavit of defense the defendant alleged “that he verily believes there is a legal defense to a part of the cause of action in the said suit, the nature and character of which defense is as follows, to wit: That he never purchased or authorized the purchase of the following mentioned items of personal property and services in the copy of the book entries attached to the affidavit of demand in said suit, to wit” : &c. “Said defendant specifies as the sum which he,admits to be due said plaintiff, the sum of,” &c. Held sufficient and judgment refused.</p> <p>2. Whenever there is a doubt the Court will not permit judgment to be taken at the first term on affidavit of demand.</p> <p>3. A reasonable construction of the word “purchase” would cover defendant’s liability as purchaser either express or implied, upon a book account for goods sold and delivered.</p>