Gausler v. Bridges

Citations

• 13 Pa. Super. 646
• 1900 Pa. Super. LEXIS 217

Syllabus

<p>Vendor and vendee — Sale of goods — Delay in delivery.</p> <p>A purchaser cannot receive, use and sell the goods of another, and then absolutely rescind the contract upon the ground that the vendor did not deliver the goods upon the very day that the contract called for, keeping both the goods and the money which he had agreed to pay for them.</p> <p>Delay in delivery — Practice, G. P. — Affidavit of defense.</p> <p>An averment in an affidavit of defense that the delivery of goods had been delayed, and that, as a consequence, the defendants have been damaged, is insufficient, even although it may assert that the defendants estimate their damage at a sum stated. The affidavit must set forth with reasonable certainty all the facts which constitute a basis for such assessment.</p> <p>Practice, G. P. — Affidavit of defense — Allegation of overcharge.</p> <p>Where a statement contains several distinct items of claim with a definite averment of the amount due upon each, an affidavit is insufficient which simply asserts that, upon the items taken in the aggregate, there is an overcharge, without stating the amount of the overcharge upon each claim or definitely setting forth the facts which constitute the defense as to each item.</p>