Carnahan Stamping & Enameling Co. v. Foley

Citations

• 23 Pa. Super. 643
• 1903 Pa. Super. LEXIS 136

Syllabus

<p>Set-off — Affidavit of defense — Specific averments.</p> <p>Allegations of set-off in an affidavit of defense in general terms are not to be regarded. The averments must be as specific as those used in a statement of claim. The defendant in respect to a claim of set-off is the actor. He may defalk an amount less than, equal to, or in excess of the claim of the plaintiff, and, should the case go to a jury, demand a certificate in his favor; he has the affirmation of the issue.</p> <p>In an action for goods sold and delivered the defendant in an affidavit of defense did not deny the plaintiff’s claim, but averred that he had suffered a loss in an amount stated, because plaintiff had failed to deliver a number of articles referred to in an exhibit attached to plaintiff’s statement. How many of each kind of the articles the plaintiff failed to deliver, with the price of the same was not averred, nor was there any specific information as to contracts made by the defendant which he was unable to fill, nor whether the defendant was unable to obtain the goods of a similar kind and quality at the same price. Held, that the affidavit of defense was insufficient.</p>