Dunn v. Pittsburg Jewelry Manufacturing Co.

Citations

• 43 Pa. Super. 551
• 1910 Pa. Super. LEXIS 92

Syllabus

<p>Affidavit of defense — Practice, C. P. — Warranty.</p> <p>1. In. an action to recover for a large number of articles of jewelry sold and delivered, an affidavit of defense is insufficient which alleges a warranty, but does not show whether the warranty was written or verbal, and which is evasive and uncertain in respect of the goods alleged to have been warranted.</p> <p>2. Such an affidavit is also insufficient which avers that the defendant immediately upon discovering the inferiority of the goods notified plaintiff thereof. The defendant is bound to show that he exercised the right to rescind within a reasonable time, and he must therefore set out sufficient facts to show the court what was the actual time at which he gave the notice of rescission.</p> <p>3. Such an affidavit is also fatally defective if it furnishes no basis whatever for assessing the damages suffered by the defendant on account of the inferiority of the goods.</p>