Davis Coal & Coke Co. v. Price

Citations

• 175 Pa. 155
• 34 A. 444
• 1896 Pa. LEXIS 1227

Syllabus

<p>Affidavit of defense — Contract—Set-off.</p> <p>In an action to recover $1,918.56 for coal sold and delivered, defendant filed an affidavit of defense in which he averred that the plaintiff had failed to deliver to him according to its contract twelve, hundred and eighty-four tons of coal, and that the advance in value of the said coal between the price at which he was to receive it, $2.60 per ton, and the market value of the same, $6.00 per ton, was $4,365.60 at the date of the breach of the contract. He claimed in his affidavit of defense that there was due him from the plaintiff the difference between plaintiff’s demand, $1,918.56, and his damages, $4,365.60, viz: 2,447.04. Held, that the affidavit of defense was sufficient to carry the case to the jury.</p>