Barker v. Fairchild

Citations

• 168 Pa. 246
• 31 A. 1102
• 1895 Pa. LEXIS 783

Syllabus

<p>Affidavit of defense — Sale—Practice, O. P.</p> <p>An affidavit of defense is sufficient which denies the grounds of liability averred in the statement and those which arise by implication from the averments made.</p> <p>While the construction of an affidavit of defense should be in favor of plaintiff and against the party malting it, a defendant is under no duty to deny a liability not fairly arising from the statement.</p> <p>Where a statement avers the sale and delivery of merchandise on a certain day, an affidavit of defense is sufficient which avers that plaintiff did not sell and deliver to defendants the merchandise on the day named, and that the defendants did not receive the said merchandise or any portion of it at any price on the said date or at any subsequent time.</p>