Biernbaum v. Foster

Citations

• 48 Pa. Super. 599
• 1912 Pa. Super. LEXIS 418

Syllabus

<p>Practice, C. P. — Affidavit of defense — Set-off—Building contract.</p> <p>1. In an action to recover the balance alleged to be due on a building contract, an affidavit of defense is insufficient which alleges that the defendant had relieved the plaintiff of the performance of a part of his original contract and that “it was understood and agreed that the defendant would be entitled to a credit” for the value thereof which amounted to a sum named which was alleged to be in excess of the balance of the work for which the suit was brought.</p> <p>2. Allegations of set-off in general terms are not to be regarded; the averment must be as specific as those used in the statement. The defendant has the affirmative of the issue and must aver his set-off in terms incapable of being misunderstood, and they must be stated with exactness as to source, character and amount with the same clearness and particularity as are required of a plaintiff in his statement of claim.</p>