Davis v. Komer

Citations

• 49 Pa. Super. 542
• 1912 Pa. Super. LEXIS 364

Syllabus

<p>Practice, C. P. — Pleading—Statement of claim — Insufficient statement — Affidavit of defense.</p> <p>1. In an action for goods sold and delivered a statement of claim which sets forth a number of items indicated by unintelligible abbreviations, letters and figures lumped as to amount, and followed by the words “Leaded and plate glass as per estimate ninety dollars; shelving and wainscoting as per estimate fifty-five dollars,” is an insufficient statement of claim, and does not impose upon the defendant the duty of filing an affidavit of defense.</p> <p>2. An order discharging a rule for judgment for want of a sufficient affidavit of defense will not be reversed on appeal in doubtful and uncertain cases, but only in such as are clear and free of doubt.</p>