Banning, Cooper & Co. v. Murphy

Citations

• 226 Pa. 568
• 75 A. 852
• 1910 Pa. LEXIS 820

Syllabus

<p>Affidavit of defense — Practice, C. P. — Information and belief — Rules of court.</p> <p>1. Under the rules of the court of common pleas of Allegheny county, where the defendant makes his own affidavit of defense, and avers certain matters on information and belief, he must also aver his ability to prove such matters on the trial of the cause. Otherwise the affidavit is fatally defective.</p> <p>2. In an action to recover for the breach of a contract of sale, an allegation of fraud in the affidavit of defense sufficient to justify the defendant in rescinding the contract, must be specific in its averments. If not, the affidavit will be insufficient to prevent judgment.</p>