Arons v. Kopf

Citations

• 21 Pa. Super. 123
• 1902 Pa. Super. LEXIS 319

Syllabus

<p>Affidavit of defense — Contract—Sale to another dealer.</p> <p>In an action to recover the price of clothing sold and delivered, an affidavit of defense is insufficient which avers that the goods were bought on condition that if the plaintiffs should sell clothing to another dealer in the same town, defendant should have the right to return the goods; that plaintiffs did sell goods to another person in the town, naming him, without averring that such person was a dealer, and that defendant had returned the goods to plaintiffs, without any averment that the goods returned were all the goods which the defendant had purchased.</p> <p>It seems that it is not against public policy to enter into a contract to purchase goods on condition that similar goods should not be sold to another dealer in the same town.</p>