Berlin Iron Bridge Co. v. Bonta

Citations

• 180 Pa. 448
• 36 A. 867
• 1897 Pa. LEXIS 944

Syllabus

<p>Contract — Promissory notes — Affidavit of defense.</p> <p>In an action to recover a balance alleged to be due upon a building contract, an affidavit of defense which alleges that the defendant had given certain promissory notes to the plaintiff to apply on the contract, without any averment that the notes had been paid or that they had been accepted as payment on the contract is insufficient to prevent judgment.</p> <p>Contract — Building contract — Affidavit of defense.</p> <p>In an action to recover a balance alleged to be due on a building contract, the defendant in his affidavit of defense averred that by reason of plaintiff’s delay in completing the work he had been prevented from carrying out a conti'act with a corpox’ation in which he had stock, and that the stock of the corporation had depreciated in value to the amount of about $5.00 per share, and that the defendant held twenty-three hundred and thirty-six shares of the stock. The value of these shares before and after the day the mill was to be completed was not stated. Thex'e was no averment as to when the depreciation took place, in what manner the extent of the depreciation was ascertained, how long the depreciation continued, or what was the value of the stock when the action was brought. Held, that the affidavit of defense was insufficient to prevent judgment.</p>