Fuller v. Wade

Citations

• 236 Pa. 445
• 84 A. 785
• 1912 Pa. LEXIS 772

Syllabus

<p>Affidavit of defense — 'Warranty of horse — Promissory notes— Practice, G. P.</p> <p>In an action upon promissory notes given for tbe purchase of a horse, an affidavit of defense is insufficient, which sets up a breach of a guaranty to the effect that if the horse should not prove as guaranteed he should be replaced “with another horse of the same breed and price, upon delivery to me of the above named horse in as sound and good condition as he is at the present, or to return the notes given for him,” without any averment that the horse sold had ever been delivered or offered to be delivered to the vendor after discovery that it was not what it had been represented to be.</p>