Elzea v. Brown

Citations

• 59 Pa. Super. 403
• 1915 Pa. Super. LEXIS 90

Syllabus

<p>Affidavit of defense — Supplemental affidavit — Contradictory statements —Practice, C. P.</p> <p>1. It seems that where a supplemental affidavit of defense contradicts the averments of the original affidavit in matters essential to a valid defense and no explanation whatever is given as to the change in the averment, judgment will be entered for the plaintiff for want of a sufficient affidavit of defense.</p> <p>Contract — Sale—Retention of part of goods — Rescission.</p> <p>2. Where a purchaser of eggs claims that the eggs were to be delivered in a first class condition in the city in which he did business, and avers that they were not delivered in such condition, he may retain the eggs and claim a deduction by reason of their inferior quality, or reject them and attempt to rescind the contract. If he does neither, but retains a portion of them and ships the remainder back to the vendor, he will be bound to pay the contract price of all the eggs.</p>