Ehinger v. John Baizley Iron Works

Citations

• 248 Pa. 309
• 93 A. 1074
• 1915 Pa. LEXIS 566

Syllabus

<p>Affidavit of defense — Insufficient averments — Contracts—Executory contract — Time for performance — Time unspecified — Reasonable time presumed.</p> <p>1. Where no time is fixed by the parties for the performance of a contract, the law will fix a reasonable time.</p> <p>2. In an action on an executory contract of sale an affidavit of defense is insufficient from which it appears that defendant purchased from plaintiff the machinery and contents of a brewery, the consideration to be p.aid in part on the date of the contract and the balance on the removal of the goods; that the contract specified no time for such removal and the goods still remain on the property, but there was a stipulation that no storage would be charged until after a certain date six months after the execution of the contract; and that action was not brought to recover the balance due, plus storage charges, until more than a year after the date of the contract.</p>