Corkran v. Patterson

Citations

• 32 Pa. Super. 399
• 1907 Pa. Super. LEXIS 21

Syllabus

<p>Affidavit of defense — Practice, C. P. — Fraud.</p> <p>In an action against two persons formerly partners for commission on sales alleged to have been earned by the plaintiff as a salesman before the dissolution of the partnership, an affidavit of defense is sufficient which avers that the retiring partner had started a -rival and similar business, and had secured the plaintiff as a salesman, that the suit had been brought by agreement and in collusion with the retiring partner, so as to make the continuing partner.individually liable, that plaintiff was paid in full to the time of the dissolution of the old firm upon a schedule made with plaintiff’s knowledge, that by collusion between plaintiff and the retiring partner, the defendant was induced to pay the plaintiff commissions on sales made after the dissolution of the firm, and that the retiring partner had filed a separate affidavit of defense agreeing that the plaintiff’s claim was correct.</p>