Everett Consolidated Shingle Co. v. McLaughlin

Citations

• 47 Pa. Super. 484
• 1911 Pa. Super. LEXIS 186

Syllabus

<p>Contract — Sales—Affidavit of defense.</p> <p>In an action to recover the price of shingles sold and delivered, an affidavit of defense is sufficient to prevent judgment for more than the amount tendered therein, where the market price of the shingles delivered is distinctly set forth, and it is averred that all of the shingles were not of the kind ordered, nor of the kind charged in the statement, but were of an inferior quality, that the defendant notified the plaintiff, and the latter directed them to hold the shipment until the price could be adjusted, and subsequently refused to send an inspector, and make an inspection and an adjustment.</p>