Close v. Hancock

Citations

• 3 Pa. Super. 207
• 1897 Pa. Super. LEXIS 1

Syllabus

<p>Practice, O. P. — Supplemental affidavits — Time of filing same.</p> <p>Where a defendant is granted leave to file a supplemental affidavit it is his duty to file it within a reasonable time after such leave granted; failing to do so the court is justified in finally disposing of the rule, and in entering judgment upon the presumption that the defendant either could not or did not wish to be more specific.</p> <p>Practice, G. P. — Requisites of affidavit of defense alleging set-off.</p> <p>A deduction or set-off alleged in an affidavit of defense must, in order to be of any avail, be stated with precision and exactness as to the amount, and the court must be left in no doubt as to its source and character, so as to be able to judge of the propriety of its allowance against the plaintiff’s claim.</p> <p>Requisites of affidavit under act of 1887.</p> <p>While an affidavit of defense need not have all the particularity and technicality which are necessary in a special plea, yet it ought to set out the defense so that the plaintiff may know with some degree of certainty what will be interposed to defeat his claim. Since the act of May 25, 1887, the completeness and accuracy required in the plaintiff’s statement and the defendant’s affidavit are substantially the same.</p> <p>Practice, G. P. — Affidavit of defense — Breach of independent contract as set-off.</p> <p>Where a defendant sets up a breach of an independent contract as an offset he should, not only attach a copy of the contract, if it be in writing, and allege a breach and the amount of damages, but should also specify with precision in what the breach consists.</p>