Gross v. Ricchezza

Citations

• 37 Pa. Super. 441
• 1908 Pa. Super. LEXIS 304

Syllabus

<p>Affidavit of defense — Goods sold and delivered — Practice, C. P. — Part of claim appearing to be due,</p> <p>In an action for foodstuffs sold and delivered, an affidavit of defense is sufficient which avers that the defendant never ordered the goods, and that they were so unsound, so- unfit for household consumption, so unmerchantable, so filled with sand or grit and so sour that they were wholly useless and worthless.</p> <p>Where' a plaintiff in his rule for judgment for want of a sufficient affidavit of defense, does not demand judgment for part of his claim appearing to be due, the court cannot be convicted of error in not making an order permitting the plaintiff to take judgment for such part of his claim.</p>