Berko v. Kemper Construction Co.

Citations

• 65 Pa. Super. 589
• 1917 Pa. Super. LEXIS 50

Syllabus

<p>Practice, 0. P. — Affidavit of defense — Sufficiency of affidavit— Allegations of set-off.</p> <p>The allegations in an affidavit of defense must not vaguely suggest a defense, but must strike at the basis of the plaintiff’s action. The affidavit must set forth the facts upon which the defense rests.</p> <p>Allegations of set-off in general terms are not to be regarded. The averments must be as specific as those used in a statement of claim.</p> <p>In an action to recover a balance due on a contract for the sale of fire escapes, an affidavit of defense is insufficient which avers that the goods furnished did not conform to the requirements of a State statute as specified, in the contract, and that the defendant had been required to correct the defects at a cost stated, which he claimed to set off as he had a right to do under the contract, but without stating the defects; but if the affidavit goes further and avers that the defendant had admitted that the claim of set-off was a proper charge and .agreed to pay the same, the affidavit will be sufficient to carry the case to the jury on the question of such set-off.</p>