Brainerd v. Davis

Citations

• 21 Pa. Super. 599
• 1902 Pa. Super. LEXIS 417

Syllabus

<p>Affidavit of defense — Contract—Sale—Payment in goods — Bankruptcy.</p> <p>In an action by a trustee in bankruptcy to recover for goods sold and delivered by the bankrupt, an affidavit of defense is sufficient which avers that the goods were bought under a special contract, by which they were to be paid for in gear wheels made by defendant on orders for particular kinds of wheels by the seller, and that defendant had always been ready and willing to cany out the agreement in the terms in which it was made.</p> <p>Appeals — Affidavit of defense — Records—Exceptions.</p> <p>An appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense may be taken without any exceptions filed. The affidavit of defense is a part of the record and needs no exception to bring it upon the record.</p>