Colt v. Diffenbach

Citations

• 60 Pa. Super. 192
• 1915 Pa. Super. LEXIS 167

Syllabus

<p>Contracts — Performance—Parol evidence — Affidavit of defense.</p> <p>In an action to recover tbe price of certain machinery delivered f: o. b.'cars at New. York in accordance with a written agreement, an affidavit of defense is sufficient which avers that defendant was induced to sign the written contract by an agreement on the part of the plaintiff’s agent to have the machinery set up on the defendant’s premises and put in satisfactory order before the price should be demanded, and further avers such facts as would warrant the inference that plaintiff’s agent intending to deceive and defraud had designedly omitted from the written contract the portion of the agreement relating to the setting up of the machinery, and then-induced the defendant who relied on the agent reading the contract to him, to believe the written contract exhibited the true agreement.</p>