Blum v. Moran

Citations

• 269 Pa. 362
• 112 A. 439
• 1921 Pa. LEXIS 566

Syllabus

<p>Practice, G. P. — Affidavit of defense — Replevin—Contract—Assignment of goods for sale — Oral agreement — Consideration.</p> <p>In an action on a written contract for the sale of a consignment of goods, where plaintiff claims that defendant had not paid certain expenses of the sale, and had not returned the goods unsold, as required by the contract, an affidavit of defense is Sufficient, which avers that plaintiff had not properly accounted to defendant for what he was entitled to receive under the contract, and that the parties had entered into an oral agreement during the sale, whereby defendant had agreed to continue the sale in consideration of plaintiff assuming all the expenses of the sale, and not demanding a return of the goods unsold until after a complete accounting.</p>