Friel v. Custer

Citations

• 23 Pa. Super. 466
• 1903 Pa. Super. LEXIS 100

Syllabus

<p>Practice, G. P — Affidavit of defense — Goods sold and delivered.</p> <p>In an action of assumpsit where the plaintiff’s statement avers that the goods for which suit was brought were sold to defendant doing business as Wilmerding Grocery Company, at the special instance and request of the defendant, but fails to aver a' delivery of the goods, an affidavit of defense is sufficient which avers that the defendant was never in business as the Wilmerding Grocery Company, and that he never purchased or ordered said goods or any part thereof. In such a case as plaintiff does not aver delivery, it is not necessary for the defendant to deny that he received the goods.</p>