Carrara Paint Agency Co. v. Naylor

Citations

• 32 Pa. Super. 329
• 1907 Pa. Super. LEXIS 5

Syllabus

<p>Affidavit of defense — Sale—Contract—Fraud—Principal and agent.</p> <p>In an action upon an accepted draft alleged to have been given in payment for balance due for paint sold and delivered, an affidavit of defense is sufficient which avers that the contract of sale was for a specified quantity of paint “at the usual and customary market price,” that defendant relied on the representations of the plaintiff’s agent that the price as stated was $1.25 per gallon, and that after accepting the draft he learned that the usual and customary price for the paint was $1.05 per gallon, and that the price remained at that figure until the affidavit was filed, that payments made on account of the draft after the acceptance thereof were made without knowledge of the misrepresentation as to the price, and that as soon as he learned what the usual and customary market price was he notified the plaintiff thereof.</p>