Gould & Co. v. Gage, Hitchcock & Co.

Citations

• 118 Pa. 559
• 12 A. 476
• 1888 Pa. LEXIS 422

Syllabus

<p>1. A mere copy of a note filed in an assumpsit thereon, unaccompanied by a statement signed by the plaintiff or his attorney showing the amount he believes is justly due, is an insufficient statement, under the act of May 25, 1887, P. L. 271, to entitle the plaintiff to judgment- for want of an affidavit of defence.</p> <p>2. An affidavit of defence making a mere averment of a warranty, without more, not disclosing whether it was express or implied, its terms, and when, by whom and by what authority made; and whether the goods were retained, or, not being returned, stating their market value with reasonable accuracy and liquidating the defendant’s damages, is insufficient.</p> <p>8. Kaufman v. Iron Co., 105 Pa. 541, followed.</p>