Baxter v. Davenport

Citations

• 55 Pa. Super. 602
• 1914 Pa. Super. LEXIS 22

Syllabus

<p>Affidavit of defense — Contract—Building contract — Practice, C. P.</p> <p>1. In an action to recover a balance claimed to be due on a contract in writing to rebuild a stable, an affidavit of defense is sufficient which avers that the defendant had purchased certain materials specified at a price stated, which it was the duty of the plaintiff to furnish, and that it had been agreed that such amount should be considered a credit on account of the contract price; and further that plaintiff had not performed the work in a good and workmanlike manner, but that one of the walls had been so badly built it was in danger of falling in and had to be supported by a block tackle even during the period of construction, and that defendant had remonstrated with plaintiff as to the character of the work, but that notwithstanding this, the wall had been finished in such an imperfect manner that it was four or five inches out of plumb and likely to fall in, and would entail the cost of a specified sum to rebuild it.</p> <p>2. In such a case where the plaintiff also claims to recover for extra labor and material alleged to have been furnished under a parol contract made subsequent to the written contract, an affidavit of defense is sufficient which flatly denies the making of any verbal contract or the furnishing of any extra work or materials, and avers that all of the said materials and labor had been necessarily furnished in the performance of the written contract.</p>