Bankerd & Outerson Co. v. Historical Publishing Co.

Citations

• 54 Pa. Super. 60
• 1913 Pa. Super. LEXIS 12

Syllabus

<p>Contract — Sale—Warranty—Affidavit of defense.</p> <p>Where book paper has been accepted and used for the purpose for which it was purchased, without objection or complaint as to size, weight or quality, an affidavit of defense in an action for the price, is insufficient, which avers that the paper furnished was different from the sample which accompanied the order, so that additional thickness was added to the book with the result of increasing the cost of binding and of other expenses, without any averment as to the amount of any actual loss suffered.</p>