Fuhrman v. Stackman

Citations

• 28 Pa. Super. 154
• 1905 Pa. Super. LEXIS 155

Syllabus

<p>Contract — Sale—Affidavit of defense.</p> <p>In an action for goods sold and delivered an affidavit of defense is insufficient which simply avers that the goods were not first class and up to date as represented by the vendor, that the plaintiff had to replace them because they were of poor material, and not up to date, and that many customers were thereby caused to leave him, without any averment as in what respect the materials were defective, or what was the difference between the market value of the goods contracted for and the goods delivered, or that the defendant did not have full opportunity to inspect them and determine their quality before accepting them, or that he ever notified the plaintiff that he had any objection to them on that score, ot that he ever returned or offered to return any of them.</p>