Acetylene Light, Heat & Power Co. v. Beck

Citations

• 6 Pa. Super. 584
• 1898 Pa. Super. LEXIS 203

Syllabus

<p>Practice, O. P.-^Insufficienl affidavit — Subscription to stock — Alleged inducing promises.</p> <p>An affidavit is insufficient which sets up alleged unfulfilled promises and unrealized expectations as a defense to clearly expressed obligations of a written contract.</p> <p>In a suit on a sealed contract to recover a subscription to stock, in terms an unqualified agreement to pay fifty per centum of the price down and the balance as called for by the corporation, the affidavit of defense held insufficient which rested the defense on certain alleged parol promises upon which the subscription was induced and which had not been fulfilled. Held, insufficient also in that it did not allege that the promises were omitted from the written contract by fraud, accident or mistake, that part of the written contract itself had been violated, that it did not specify wherein the alleged promises were false or fraudulent, or state any specific loss.</p>