Bright v. Siggins

Citations

• 2 Pa. Super. 106
• 1896 Pa. Super. LEXIS 20

Syllabus

<p>Practice, O. P. — Affidavit of defense — Violation of ivritten contract.</p> <p>A written contract, simple in form, plain and unambiguous in terms and clear in intent had been executed, and performance by the plaintiff acquiesced in by defendants. In a suit on the written contract the affidavit of defense set up the following defenses:</p> <p>An antecedent oral agreement for which the written contract was substituted, as alleged, after objection and upon alleged threat of breach of the oral contract by the plaintiff; and execution induced by a statement made by plaintiff to one defendant that the other defendants, who had previously signed, were satisfied with the terms of the written contract, the affidavit also alleging damages for the breach of the oral contract as a set-off to the sum sued for under the written contract. Held, (1) that the affidavit was insufficient as not alleging such fraud as would warrant avoiding the written contract, and (2) that if the case had been on trial and the plaintiff had offered this written contract in evidence and defendants had made an offer embodying the facts alleged in the affidavit of defense the court could not have received the evidence.</p>