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· 2/26/1906

Brown v. Gourley

Citations

  • 214 Pa. 154
  • 63 A. 607
  • 1906 Pa. LEXIS 615

Syllabus

<p>Practice, C. P. — Affidavit of defense — Set-off.</p> <p>An affidavit of defense is sufficient if it sets forth in words or by necessary inference therefrom the indispensable elements of a defense. It need not be drawn with such nicety that no critical skill can suggest an objection. If it sets forth substantially a good defense it should be supported.</p> <p>A claim of set-off in an affidavit of defense need not be of a certain liquidated amount where the facts out of which the alleged set-off arises are such that an approximate amount only could be stated.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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