Cosgrave v. Hammill

Citations

• 173 Pa. 207
• 33 A. 1045
• 1896 Pa. LEXIS 683

Syllabus

<p>Practice, C. P. — Affidavit of defense.</p> <p>Where the grounds set up in an affidavit of defense do not traverse the obligation declared upon in the statement, but are in the nature of confession and avoidance, in reduction or set-off to the payment sued for, the averments of the affidavit must be specific as to the amounts claimed in reduction, so that plaintiff may, if he choose, elect to admit them and take judgment for the balance.</p> <p>Landlord and tenant — Covenants—Damages.</p> <p>A lessee in a written lease of a lot agreed to pay taxes, to build a house on the lot, to deliver up the premises “in good and sufficient repair as when received,” and not to sublet. The lessor agreed to pay at the termination of the lease $500 to the lessee for the building erected by him on the lot. In an action by the lessee to recover the $500, the lessor filed an affidavit of defense averring that the plaintiff had not complied with the terms of the lease inasmuch as he had sublet without consent, but not averring the amount of the damages; that water rent had not been paid “ at the time of the notices and demands,” but not stating that it had not been paid at the time of suit brought; that at the time of making the lease there was a collateral agreement to remove a stable, which lessee had not done, but not stating damages, nor that the agreement set up was an essential part of the contract without which the lease would not have been signed; and finally that the premises had not been yielded up in as good repair as when received. Held, that the affidavit of defense was insufficient.</p>